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Deloitte’s TP controversy guide: The changing landscape of TP controversy - 2021 and beyond

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Kerwin Chung and Howard Osawa of Deloitte preview ITR’s upcoming transfer pricing controversy guide, produced in collaboration with global transfer pricing experts from Deloitte.

Deloitte and ITR are pleased to announce the forthcoming ITR TP controversy guide which will highlight the steadily increasing number of transfer pricing (TP) controversies, but more importantly, the ways controversies are likely to be very different than those faced by the prior generations of TP professionals.

Data compiled by the OECD pursuant to the BEPS Action 14 Mutual Agreement Procedure (MAP) Statistics Reporting Framework show a steady increase in new MAP requests filed for TP adjustments:


TP cases


YoY increase



















In addition to the MAP case inventory, there are thousands of global TP controversies being addressed through local administrative appeals and judicial forums. The number of cases will continue to grow as governments increase funding for tax authorities to enforce tax and TP laws.

Deloitte’s global TP leaders will share their insights on how TP controversies will evolve from the historic country-to-country and transaction-by-transaction approach to a truly global approach as highlighted by the OECD pillar one and pillar two initiative.

The following topics will be discussed:

Article 1

How tax authorities have found virtual meetings and other innovations implemented as a result of the COVID-19 global pandemic to enable them to resolve cases more efficiently than before the historic paper and in-person approach.

Article 2

The increased evidence and sophistication of tax authorities in using data to identify high-risk areas.

Article 3

The cause-and-effect relationship between COVID-19 and tax controversies in the backdrop of the current revenue deficit environment; and deliberations on the need to reset multinational corporation’s (MNC) tax governance strategies coupled with risk mitigation and controversy management avenues for taxpayers.

Article 4

A survey of the evolving landscape of debt transactions and its practical implications.

Article 5

An overview of the recent developments in the area of intangibles and a consideration of changing perspectives from Australia and Germany.

Article 6

Potential areas of controversy arising from the pillar one and pillar two blueprints are explored as are considerations to manage disputes and potential double taxation.

Article 7

As tax administrations face a growing inventory of multi-country TP disputes, they are exploring ways to prevent such disputes or to resolve them more efficiently, including broader use of proven mechanisms, including multilateral advance pricing agreements (APAs) and joint TP audits, as well as the adoption of novel procedures, such as ‘ICAP 2.0’ under the auspices of the OECD Forum on Tax Administration.

Article 8

How the TP environment is evolving in recent years. The article will give an insight into Deloitte TP practitioners’ view of the changing TP landscape.

The Deloitte TP Controversy Guide will be launched on ITR platforms on Tuesday, July 20 2021

Kerwin Chung



Deloitte Tax LLP

T: +1 202 879 3108


Kerwin Chung is a principal of Deloitte Tax LLP’s Washington national tax office TP team, and leader of the firm’s national APA and MAP group.

Kerwin has more than 25 years of TP experience, specialising in representing clients in APA, MAP, planning, and examination matters with tax authorities in the Americas, Europe and Asia. His clients include US and foreign-based multinationals in industries including automotive, financial services, pharmaceuticals, and telecommunications. He is an active member of the American Bar Association (ABA) Tax Section Transfer Pricing Committee, having moderated a panel on TP-down economy issues in 2009 and presented on a panel discussing the Internal Revenue Service (IRS) APA programme in 2011.

Kerwin has a JD degree from Harvard Law School and a bachelor’s degree in business administration – accounting and real estate, from the University of Hawaii. He has been included in Euromoney’s ‘Guide to the World’s Leading Transfer Pricing Advisers’ since 2002 and in ITR’s Tax Controversy Leaders guide since 2015.

Howard Osawa



Deloitte Japan

T: +81 0 70 1473 8951


Howard Osawa is a partner in the TP practice of Deloitte Japan. He has more than 20 years of experience in TP and has worked in both Japan and the US. More recently, he has also served as the Japanese country leader for the customs and trade practice of a large professional services firm.

Howard has supported a number of multinational companies operating in Japan, and has provided assistance to them on a variety of TP matters. He has helped companies with APAs, audit defense, documentation, and value chain alignment. His clients have included companies in the consumer, energy, health and beauty, and specialty chemicals sectors among others.

Howard also uses his TP experience to assist companies with customs and trade planning, documentation and audit support. In this regard, he has experience supporting companies in the areas of customs valuation, establishing and documenting new inter-company arrangements and agreements, and supply chain planning.

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