- 15 abril, 2021
- Posted by: admin-fenocol
A bilateral APA carries less risk that taxpayers will feel compelled to make an APA or simply to accept a non-arm length agreement in order to avoid high-priced and long-term investigations and possible sanctions. A bilateral APA reduces the possibility that profits will either be completely excluded from a tax point of view or subject to double taxation. In addition, the conclusion of an APA under the mutual agreement procedure may be the only form that can be adopted by a tax authority that does not have national legislation to conclude a binding agreement directly with the subject. Differences in tax rates in different countries encourage several companies operating in the same country to transfer their profits to low-tax sites. The result is a loss of tax revenue for countries with high tax systems. Transfer pricing laws are used as a means of curbing tax evasion by manipulating the costs of cross-border intragroup transactions in order to maximize taxable profits in low-tax areas and minimize these profits in high-tax countries. The author, after a detailed analysis of the provisions of the TP, considers that, although the TPs are complete in several respects and generally in line with international practices, the methods, documentation requirements and penalties impose sanctions, but do not produce the taxpayer for the ability to obtain APAs and do not deal specifically with intangible assets, e-com , international commercial derivatives, etc. that require special attention. The author suggests that, since transfer pricing is a necessary tax rule to push our share of revenue from international transactions, it should be managed sensitively, so as not to kill the goose that lays the golden eggs. In addition, the introduction of measures such as Early Pricing Agreements (ASAs) and Safe Harbour benchmarks have certainly helped us to bring our transfer pricing rules in line with OECD policies and alternative international best practices, including aggressive reductions in sanctions. It would go a long way to improve India`s name as an attractive target for foreign direct investment, a goal that successive governments want to achieve.
The objective of this regulation is to prevent tax losses due to the misuse of transfer prices. The related parties and the “long-arm” principle, which is the basis of the OECD guide, have been taken as the basis and the concept of profit disguised by the transfer price is defined as “the erosion of tax taxation by close parties by determining the cost or price of transactions of goods or services that differ from the duration of the arm and the transfer of income to other related parties or partners without taxing the profits society.” Transfer pricing is just as important a subject as requiring a particular skill, and it has a broad and detailed scope. Transfer pricing is an application that is primarily used and developed to combat tax evasion in international corporate transactions between controlled countries and to prevent tax evasion. The basic idea of an APA is to increase the efficiency of tax administration by encouraging taxpayers to present to the tax authorities all the relevant elements for a proper analysis of transfer prices and to work towards a reciprocal agreement. The APA reduces the burden of compliance by ensuring taxpayers greater security about their transfer pricing methods, promoting their problems and allowing them to discuss and find a solution before the tax authorities. China – It is one of the countries in its own right in the world of transfer pricing. The method of implementing the APA in China seems almost the same as in the United States, with a preparatory phase, a formal application phase, a review and evaluation phase, a negotiation phase, a final phase.