OECD - Revised draft on transfer pricing aspects of intangibles 

July 30:  The Organisation for Economic Co-operation and Development (OECD) today announced a revised discussion draft on the transfer pricing aspects of intangibles.

Comments concerning the revised discussion draft are due 1 October 2013.

Background

In June 2012, the OECD published a “discussion draft” with proposed revisions to the OECD Transfer Pricing Guidelines on Transfer Pricing Aspects of Intangibles.


Comments were received from business representatives and others, and a public consultation was held on the discussion draft in November 2012.

Revised discussion draft

On the basis of comments received and the discussion at the public consultation, the OECD Committee on Fiscal Affairs today announced the release of Revised Discussion Draft on
Transfer Pricing Aspects of Intangibles
[PDF 500 KB].


According to an OECD release, many changes have been made to the June 2012 discussion draft, including:


  • The addition of a new section addressing features of the local market, location savings, assembled workforce and corporate synergies
  • Explanatory changes to the definition of intangibles
  • Revisions to provisions of the draft that adopt a more transactional approach while preserving a clear focus on the importance of functions performed, assets used and risks assumed
  • The inclusion of a section on transfer pricing aspects of the use of corporate names
  • A re-organization of the supplementary guidance on methods and comparability analysis
  • The addition of several examples to the Annex and the revision of some of the examples from the prior discussion draft

The work on intangibles is listed in the OECD’s action plan [PDF 1.5 MB] on base erosion and profit shifting (BEPS) and is also closely related to other BEPS actions. Some of the text and examples contained in the revised discussion draft raise BEPS issues that the OECD intends to address through the various actions contained in the BEPS action plan.


Accordingly, today’s Revised Discussion Draft on Transfer Pricing Aspects of Intangibles is to be considered a work in process and portions of it may be revised during the course of the work on BEPS.




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