[PDF] Taxmanns Beps Implications On Transfer Pricing Indian Perspective Comprehensive And Practical Guide With Analysis Case Studies Practical Strategies For Tax Professionals eBook

Author : Ashutosh Mohan Rastogi
Publisher : Taxmann Publications Private Limited
Page : 24 pages
File Size : 41,25 MB
Release : 2024-07-09
Category : Law
ISBN : 9357783504

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This book offers a comprehensive and practical guide to understanding the intricate transfer pricing implications stemming from the Base Erosion and Profit Shifting (BEPS) project within the Indian context. This work culminates two years of extensive research and analysis by a team of transfer pricing experts. The book covers a wide range of topics, starting with an overview of the BEPS project and its objectives. It also includes an analysis of international rulings on BEPS, examining landmark cases and their implications for the transfer pricing landscape. This comprehensive guide is invaluable for tax practitioners, professionals, academics, and business leaders aiming to understand the impact of BEPS recommendations on transfer pricing in India. It facilitates informed discussions on this critical area of taxation and its implications for businesses operating in India. The Present Publication is the Latest Edition, authored by Ashutosh Mohan Rastogi, with the following noteworthy features: • [Realignment of Transfer Pricing Norms] The book explains why BEPS realigned 'Transfer Pricing' norms, illustrated through case studies of Google, Starbucks, and Apple, highlighting their implications on BEPS • [Understanding and Application of BEPS Action Plans] BEPS Action plans have transformed how Transfer Pricing concepts are understood and applied, shifting focus from titles and contracts to functions and risks. This book helps readers understand these nuances in the post-BEPS era • [BEPS Insights on Indian Law] Each chapter provides BEPS insights on Indian Law, discussing BEPS Action plans with reference to Indian Regulations, Circulars, and Case Law and explaining the relevance and implications of BEPS Action points in the Indian context • [Planning for Intangibles in the Post-BEPS World] The book decodes how to attribute profits to intangibles in the BEPS era, explains 'Development, Enhancement, Maintenance, Protection and Exploitation' (DEMPE) functions, and assesses the relevance of holding companies in low-tax havens today • [Economic Ownership] Readers will learn about the importance of Economic Ownership and how it is determined, exploring how Indian law attributes intangible returns based on legal or economic ownership • [Substance in Transfer Pricing] The book discusses the role of substance in Transfer Pricing, exploring whether Transfer Pricing officers can look beyond agreements to uncover reality and the role of significant people functions • [Benchmarking for Financial Transactions] It provides insights on benchmarking for financial transactions such as inter-company loans and guarantees, highlighting the importance of credit rating in financial transaction analysis and how to compute a credit rating • [Location Savings] The book explains where location savings should be taxed and whether profit split is the correct methodology for taxing location savings • [Defending Management Charges] It guides Multinational Enterprises (MNEs) on defending management charges, the availability of Safe Harbour for Management Charges in India, and the shortcomings of the safe harbour • [Cost Contribution Agreements] Readers will understand what cost contribution agreements are and how they differ from intra-group service agreements • [International Rulings on BEPS] The book summarizes leading international rulings on BEPS with illustrations, helping readers understand their implications and how tax litigators can apply them in the Indian context • [Three-Tier Documentation with FAQs] From the evolution and objectives behind the three-tier approach to the requirements suggested by the OECD and their adoption into Indian legislation, the book covers it all. It includes various prescribed templates and answers to general and transaction/issue-specific FAQs addressed by the OECD in the BEPS Action Plan 13 report The detailed contents of the book are as follows: • [Introduction] o This chapter provides an overview of the BEPS project and its objectives, including case studies of companies like Starbucks, Google, and Apple, illustrating the necessity for the BEPS initiative • [BEPS Implications on Transfer Pricing] o This chapter provides an in-depth examination of BEPS implications on transfer pricing, focusing on fundamental changes proposed by the OECD and their potential impact on MNEs in India. It analyses concepts such as economic substance, substance over form, and profit shifting to low-tax jurisdictions • [DEMPE Analysis] o This chapter provides a detailed discussion of the DEMPE (Development, Enhancement, Maintenance, Protection, and Exploitation) functions, highlighting the complexities of attributing profits to intangible assets and the Indian tax authorities approach to these challenges • [BEPS Guidance on 'Substance over Form'] o This chapter discusses the principle of prioritizing economic substance over contractual form, emphasizing the importance of actual business activities and behaviours in determining transfer pricing as per BEPS guidelines • [Low-Value Intra-Group Services] o This chapter examines BEPS guidelines for low value-adding intra-group services, providing simplified approaches for determining arm's length charges and outlining documentation requirements for these services • [Financial Transactions] o This chapter analyses the intricacies of transfer pricing for financial transactions. This chapter covers treasury functions, credit risk assessment, inter-company loans, and guarantees, with an emphasis on compliance with the arm's length principle • [Cost Contribution Arrangements] o This chapter explores the concept of cost contribution arrangements (CCAs) under BEPS, discussing how MNEs share the costs and benefits of joint development activities and the implications for transfer pricing • [Location Savings] o This chapter provides an analysis of location savings and location-specific advantages, offering guidance on how these factors should be incorporated into transfer pricing strategies, particularly in the Indian context • [Three-Tier Documentation] o This chapter provides a review of the BEPS-recommended three-tier documentation approach, including the master file, local file, and country-by-country report, and a discussion on how these documentation requirements are implemented in India • [Dispute Resolution Mechanism] o This chapter discusses the mechanisms for resolving transfer pricing disputes, including the mutual agreement procedure (MAP) and India's Advance Pricing Agreement (APA) program. It provides practical insights into navigating disputes under the new BEPS regime • [International Transfer Pricing Rulings on BEPS] o This chapter summarises significant international transfer pricing rulings related to BEPS, offering key takeaways and their implications for the Indian transfer pricing landscape • [Conclusion] o This chapter concludes by synthesizing the key insights and practical guidance provided in each chapter, reinforcing the importance of understanding and applying BEPS principles to transfer pricing in India

Author : The Chamber of Tax Consultants
Publisher : Taxmann Publications Private Limited
Page : 43 pages
File Size : 37,44 MB
Release : 2022-03-03
Category : Law
ISBN : 939221183X

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CTC’s Transfer Pricing – A Compendium is a collection of incisive & in-depth articles on transfer pricing, authored by recognised experts in the field. This book promises to provide the necessary guidance and support to fellow professionals to understand the intricate issues, which have always remained contentious and challenging. The current edition of the compendium is updated, incisive, and covers a broader range of topics. Like its previous edition, this book promises to be another handy tool for the following: • Tax Professionals both in India and Overseas • Judiciary and Tax administrators • Readers who want a useful reference point, both for technical analysis and for understanding the proper perspective to view some of the transfer pricing developments of the recent past The Present Publication is the 2022 Edition, covering 75 articles by 150 authors in a comprehensive set of 2 volumes, with the following noteworthy features: • [Covering All Aspects of Transfer Pricing] such as: o Technical Corner including the advanced issues o Legal Corner o Advanced Pricing Agreement (APA) & Mutual Agreement Procedure (MAP) Corner o Industry Corner including 25 sectors o Global Corner including country-wise transfer pricing regulations, the impact of COVID on APA & Dispute resolution, OECD Pillar One & Two • [Understand & Manage Transfer Pricing Risks] This book helps the readers/taxpayers in understanding the complex subject and consequently help them manage their transfer pricing risk effectively • [Authored by 150 Transfer Pricing Experts] The wisdom of eminent authors & their rich experience will be handy for the readers to deal with the complex subject efficiently with a greater degree of confidence • [Practical Examples] The authors, with their immense experience, have extensively covered the subject in greater detail with practical examples Reviewed by Shri S.E. Dastur | Senior Advocate • “… The present publication is in pursuance of the Chamber’s Vision Statement “to contribute to the development of law ... through research, analysis and dissemination of knowledge….” • “… Reference is made, very perceptively and appropriately, to the OECD and UN guidelines on the subject as well as to prevailing international practices, not to mention the latest case laws….” • “… What makes it unique is that it has articles on every conceivable transfer pricing issue authored by over 130 learned professionals (lawyers and chartered accountants) and even some top Revenue officers….” • “… The fact that most of the articles are authored by more than one person ensures that the reader benefits from their collective wisdom on each of the very relevantly chosen subjects….”

Author : Mukesh Butani
Publisher :
Page : 1312 pages
File Size : 32,75 MB
Release : 2007
Category : Transfer pricing
ISBN :

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Reference guide to the Indian transfer pricing laws and method. The book provides comprehensive coverage and practical guidance on transfer pricing issues, including an analysis of the Indian legislation and transfer pricing methods; documentation requirements; a comparison of the Indian legislation with the OECD guidelines; tax planning techniques related to transfer pricing; discussions of the transfer pricing regime in Australia, Canada, China, France, Germany, Japan, Singapore, the United Kingdom and the United States. Furthermore, it contains brief overviews of the transfer pricing regime in 18 other countries; and the OECD transfer pricing guidelines for multinational enterprises and tax administrations (July 1995).

Author : William H. Byrnes
Publisher :
Page : pages
File Size : 18,69 MB
Release : 2020
Category : International business enterprises
ISBN : 9781522190059

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The new 4th Edition of Practical Guide to U.S. Transfer Pricing continues to be the authoritative legal treatise for tax counsel, tax authorities, the judiciary, and policy makers. The 4th Edition is fully revised with several new chapters, over 2,000 pages of analyses and practice notes, 47 chapters divided over six parts. Part I: U.S. regulatory analysis, application of transfer pricing methods, and jurisprudence; Part II: OECD; Part III: United Nations; Part IV: European Union; Part V: Industry topics; and Part VI: Country practice and tax risk management.Professor Byrnes brings together 50 of the industry's eminent transfer pricing counsel, economists, and financial accountants to provide a comprehensive two-volume "go-to" resource for tax risk management.Within the first 29 chapters, the U.S. Treasury regulations and jurisprudence are analyzed from an advisory perspective, including chapters on the transfer pricing methods, documentation and examination, advance pricing agreements and mutual assistance, litigation, state issues, and customs. A chapter is dedicated to analyzing the transfer pricing aspects of each step of a U.S. business restructuring.The next six chapters of Part II address the OECD's approach to transfer pricing because many OECD member as well as nonmember countries refer to the OECD Transfer Pricing Guidelines as authoritative or persuasive. The U.S. Treasury refers to the OECD Guidelines for purposes of mutual agreement procedures between competent authorities of treaty partners. These chapters include an exemplary application of value chain analysis, digitalization's impact on transfer pricing compliance, and hybrid rules interaction with transfer pricing.Part III is reserved for future chapters analyzing the UN Transfer Pricing Manual and UN transfer pricing guidance for extractive industries because many subscribers have operations in developing economies. Part VI includes a chapter on the impact of EU State Aid cases on APAs. Part V includes nine industry specific chapters: two risk management chapters, five chapters for financial services topics, and two chapters providing case studies to examine the global value chain of an industry. Part VI contains two country chapters analyzing the national transfer pricing regulations and practice of Brazil and India. Parts II through Part VI will expand each year to include further analysis and case study chapters.

Author : Elizabeth King
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 21,61 MB
Release : 2008-10-11
Category : Business & Economics
ISBN : 0387781838

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National tax authorities individually determine multinational ?rms’ country-speci?c tax liabilities by applying one or more sanctioned transfer pricing methodologies. These methodologies are founded on basic assumptions about market structure and ?rm behavior that are rarely empirically valid. Moreover, for the most part, the transfer pricing methodologies now in vogue were developed before the Internet became a dominant factor in the world economy, and hedge and private equity funds transformed ?nancial and commodities markets. For these reasons, multinational ?rms are unable to accurately anticipate their tax liabilities in individual countries, and remain at risk of double taxation. Uncertainties in corporate tax liability are extremely costly, both for individual corporations and from an economy-wide perspective. Firms pay exorbitant fees to have tax attorneys, accountants and economists prepare the documentation required by tax authorities to substantiate their intercompany pricing practices and defend their tax positions on audit. Corporate tax liabilities are also potentially much higher than they would be under a more transparent and predictable transfer pricing regime (due to the potential for double taxation and penalties), and investors’ returns are reduced accordingly. The FASB’s Interpretation No. 48, Accounting for Uncertainty in Income Taxes (released on July 13, 2006), has motivated multinational ?rms to increase their reserves substantially (in many cases at the insistence of their au- tors), reducing the total funds available for productive investment. 1 The current transfer pricing regimes are embodied in the OECD Guidelines, individual OECD member countries’ interpretations thereof, the U. S.

Author : Harshal Bhuta
Publisher : Bloomsbury Publishing
Page : 800 pages
File Size : 28,4 MB
Release : 2021-05-15
Category : Business & Economics
ISBN : 9354351913

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About the book The law governing exchange control aspects of cross border transactions viz. Foreign Exchange Management Act, 1999 along with its Rules and Regulations, is a special and unique statute in itself, which is regulated and administered by Reserve Bank of India ('RBI'). RBI implemented a policy decision in May 2016, to make public disclosure of all compounding orders passed by it. This has offered an ideal opportunity to gain insights into RBI's outlook and interpretation of FEMA, and also the administrative practices adopted by RBI from time to time. The book provides a comprehensive analysis of all the compounding orders published by RBI during the period July 2016 to December 2018, to facilitate FEMA practitioners, companies and other persons undertaking cross-border transactions in understanding the RBI's perspective which is the driving force behind its interpretation and administration of FEMA. Key features of the book · Solitary publication on analysis of RBI compounding orders (covering orders issued upto 31st December 2018) · Coverage of 1268 FEMA compounding orders · Arrangement of compounding orders Notification-wise and Regulation-wise · Handy comparison of erstwhile and revised FEMA Notifications for provisions contravened under the compounding orders · Vital insights into principles applied by RBI while interpreting provisions of FEMA and important notifications · Detailed reporting of nearly 100 compounding orders along with analysis and summary compilation of all remaining orders

Author : Prof. Madhu Vij
Publisher : Taxmann Publications Private Limited
Page : 21 pages
File Size : 21,10 MB
Release : 2021-12-10
Category : Education
ISBN : 9392211805

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International Financial Management provides an effective and detailed presentation of important concepts and practical application in today’s global business environment, which includes: • Foreign Exchange Market • International Financial System • Eurocurrency Market • Currency Futures & Options • Swaps • Country Risk Analysis • Capital Budgeting The key highlight of this book is that it uses several examples (both numerical & theoretical) to highlight the applications of various dimensions of international finance. This book aims to fulfil the requirement of students of PGDM, MBA, M.Com., Master of Economics, Master of Finance & Control (MFC), MIB, other Post Graduate Diploma in Risk Management & other post-graduate specialized disciplines. The Present Publication is the 4th Edition, authored by Prof. Madhu Vij. The book has been organized around five major areas, namely: • [International Financial Environment] emphasizing its institutional set-up while discussing why is it important to study international finance. This area is further subdivided into four chapters, namely: o Overview of the International Financial Management o History of International Monetary System; Emphasis on Bretton Woods System o International Financial Institutions with a particular focus on the World Bank, International Monetary Fund (IMF), and European Monetary System o Balance of Payment Concepts and Accounting • [The Foreign Exchange Markets] o Derivatives o Foreign Currency Futures and Options Contracts that are traded on Stock Exchanges o Forex Markets with an emphasis on Fundamentals of Forex Trading, Overview of Operations of the Spot and Foreign Exchange Markets, How is Foreign Exchange Quoted and Traded Worldwide • [Managing Foreign Exchange Exposure] o Management of Foreign Exchange Risk with a discussion on kinds of exposure MNCs face o Translation Exposure or Accounting Exposure, which discusses the various methods for translating financial statements o Management of Transaction Exposure that arises from contractual obligations denominated in a foreign currency o Management of Economic Exposure • [Financial Management of the Multinational Firm] o Foreign Direct Investment o Cost of Capital and Capital Structure of the MNC o Application and Interpretation of MNC Capital Budgeting explaining various methods with the help of numerical examples and case studies o Multinational Cash Management o Identifies and Analyses the Various Dimensions of Country Risk Analysis o Eurocurrency and Eurobond Market • [Managing Foreign Operations] o Interest Rate and Currency Swaps explaining how they can be used to reduce financing costs and risks o Global Depository Receipts and American Depository Receipts

Author : Organisation for Economic Co-operation and Development
Publisher : Organisation for Economic Co-operation and Development
Page : 76 pages
File Size : 28,83 MB
Release : 1995
Category : Business & Economics
ISBN :

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Includes 1999 update. 1998 update in back.

Author : Lynne Oats
Publisher : Bloomsbury Publishing
Page : 709 pages
File Size : 38,12 MB
Release : 2021-09-30
Category : Business & Economics
ISBN : 1526519577

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The book provides a clear introduction to international taxation and presents its material in a global context, explaining policy, legal issues and planning points central to taxation issues, primarily from the viewpoint of a multinational group of companies. It uses examples and diagrams throughout to aid the reader's understanding and offers more in-depth material on many important areas of the subject. Traditionally published every 2 years in both print and digital formats, this content is a core requirement for student reading lists at both undergraduate and post graduate level. Fully updated to cover all new tax legislation and developments in light of the OECD BEPS project implementation, key areas to be included in this new edition are: - changes proposed by BEPS 2.0 in relation to taxation and the digital economy, including Pillar Two and the proposed new UN Model Article 12B; - further progress on the implantation of OECD Base Erosion and Profit Shifting implementation, including: -- an update on the implementation of BEPS recommendations including artificial avoidance of permanent establishment status and prevention of treaty abuse; -- the implementation of transfer pricing documentation and country-by-country reporting; -- multilateral instrument implementation; - the impact of Covid-19 on international taxation; - further developments in European direct taxation including the transparency package, directives on anti-tax avoidance and the common corporate tax base and state aid cases (Apple in particular) and updates to the Directive on Administrative Cooperation, and the new communication on Business Taxation for the 21st Century. - Proposals in relation to the taxation of digital business, in particular the OECD's unified approach and the UN modifications to the Model Double Taxation Convention. - Proposals for a global minimum corporate tax rate to curb base erosion and tax competition.