Journal Press India®

Benchmarking Marketing Intangibles: Need for Coordinated Transfer Pricing Regimes

Vol 3, Issue 2, July - December 2016 | Pages: 92-104 | Research Paper  

 
Article has been added to the cart.View Cart (0)
https://doi.org/10.17492/vision.v3i2.7902


Author Details ( * ) denotes Corresponding author

1. * Lakshana Radhakrishnan, National Academy of Legal Studies and Research (NALSAR),, University of Law, Hyderabad, Telangana, India (lakshana@outlook.in)

Tax competitive policies can be effective in cases of a collaborated cross-border effort with international consensus on minimum thresholds and mechanisms for cross-country cooperation. However, aggressive uncoordinated tax competitiveness destroys value and shrinks the growth and prosperity of the industry. Hence, there is a need for tax certainty and common standards in international transfer pricing. The OECD has provided a framework for countries to move towards universal tax regimes that have common tax policies and coordinated implementation systems. This paper highlights the issue of AMP (advertising, marketing and promotion) costs in transfer pricing and seeks to establish the need for coordination among national tax systems. Ensuring consistency among the tax policies of the world’s nations is important for preventing instances of BEPS (base erosion and profit shifting) that are the products of the gaps between elaborately drafted and extremely complicated tax legislations. Creation of universal tax principles and their effective implementation is the only solution to this problem.

Keywords

Transfer pricing; Market intangibles; Base erosion and profit shifting (BEPS); Arm’s length price; AMP costs

  1. Grant Thornton India. (2016). Action 13: Transfer Pricing Documentation and Country-by-Country Reporting- India.
  2. Jinyan, Li. (2012). Fundamentals of International Transfer Pricing in Law and Economics (eds. Wolfgang Schön & Kai A. Konrad), Berlin: Springer.
  3. Markham, Michelle. (2005). The Transfer Pricing of Intangibles. Kluwer.
  4. OECD. (2010). Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. Retrieved from http://www.oecd-ilibrary.org/content/book/tpg-2010-en (last visited Apr 7, 2017)
  5. OECD. (2015). OECD/G20 Base Erosion and Profit Shifting Project, Action 13: Guidance on the Implementation of Transfer Pricing Documentation and Country-by-Country Reporting.
  6. Schriftenreihe Istr Band. (2014). Tax Policy Challenges in the 21st Century. (eds. Karoline Spies & Raffaele Petruzzi).
  7. Steve A, Rahul T, & Deloris R. W. (2006). Sec. 482 Services Regulations: Implications for Multinationals. International Transfer Pricing Journal, 13(6): 279-90.
  8. United Nations. (2013). United Nations Practical Manual on Transfer Pricing for Developing Countries. UN Committee of Experts on International Cooperation in Tax Matters.
  9. Wright, Deloris R. & Keates, Harry A. (1999). The DHL case: What lessons can be learned? International Transfer Pricing Journal, 6 (May/June): 74-78.
Abstract Views: 170
PDF Views: 95

By continuing to use this website, you consent to the use of cookies in accordance with our Cookie Policy.