Tom Seymour An exposure draft (ED) of proposed new transfer pricing rules was released on November 22 2012. The ED represents phase two of the reforms announced by the government in November 2011 intended to modernise Australia's transfer pricing laws. Phase one is complete with the recent enactment of the treaty equivalent transfer pricing rules in Subdivision 815-A which, controversially, have retrospective effect from 2004. The ED proposes new Subdivision 815-B (dealing with separate entities), 815-C (permanent establishments); 815-D (record keeping requirements) and 815-E (partnerships and trusts). If enacted, these provisions are proposed to replace Division 13 of the Income Tax Assessment Act and the recently enacted Subdivision 815-A will cease to operate.
February 01 2013