Originally published in Bloomberg Tax.
The arm’s-length principle presents challenges, but operational transfer pricing can help achieve compliance.
Organization for Economic Cooperation and Development member countries use the arm’s-length principle to determine pricing of intragroup transactions to ensure multinational enterprises and independent companies are treated equally for tax purposes.
To apply the arm’s-length principle, transfer pricing practitioners must identify and compare commercial and financial conditions of a controlled transaction to those that would have been made had the parties been independent and involved in a similar transaction under comparable circumstances.
In some cases, this comparability analysis will produce a single price or margin. However, given the unavailability of data on comparable uncontrolled transactions, most cases will involve a range of results, known as the arm’s-length range.
Application of the arm’s-length range might vary between different jurisdictions and practitioners. Taxpayers need to ensure awareness of local transfer pricing rules. These dissimilarities, and the potential adoption of Pillar One’s Amount B, impact transfer pricing policy and implementation.