OECD Publishes Comments On Amendments To Chapter IX TP Guidelines

On August 24, The OECD published the comments it received on the conforming amendments to Chapter IX of the OECD Transfer Pricing Guidelines, "Transfer Pricing Aspects of Business Restructurings."


On June 4, 2016 the OECD invited interested parties to review the conforming changes to Chapter IX of the OECD Transfer Pricing Guidelines, "Transfer Pricing Aspects of Business Restructurings." The OECD informed that the conforming amendments are prompted by the changes to the Guidelines set out in the 2015 Base Erosion and Profit Shifting reports (BEPS), specifically the Actions 8-10 and Action 13. The extensive changes to the Guidelines made by these Reports were approved by Council on May 23, 2016.

Amendments to Chapter IX

The purpose of the review was to establish that real or perceived inconsistencies with the revised parts of the Guidelines have been appropriately addressed, and duplication appropriately removed. The conformed version of Chapter IX will replace the current 2010 version in a consolidated version of the Guidelines.

The OECD has published the comments it received from 14 organizations that reviewed the conforming amendments. One of the organizations pointed out that "whilst we understand that this discussion draft is not considered by the OECD to warrant broad consultation, we are concerned that it may be inappropriate to address “perceived” inconsistencies without a further opportunity to comment. Furthermore, we did feel that some of the changes on “real” inconsistencies went beyond what was required in order to bring Chapter IX in line with the BEPS recommendations." "In addition to the guidance given we would like to ask for an agreement procedure for the values used for tax purposes by the countries involved," another organization requested.

Source: OECD - Consultation Document, OECD - Comments Received


Transfer Pricing Associates introduces TPA BEPS Desk. If you have any questions, or need more detailed advice on any aspects of BEPS related issues, please get in touch with us. The TPA Global network has alliance partners throughout the world, and the network can provide multi-disciplinary approach on today's critical transfer pricing challenges faced by multinational enterprises.

Copyright © 2018
Transfer Pricing Associates BV.
All rights reserved.

H.J.E. Wenckebachweg 210
1096 AS Amsterdam
T: +31 20 462 3530
E: info@tpa-global.com
I: www.tpa-global.com