WHILE analysing the inputs received
for review of Transfer Pricing Guildelines on Comparability and Profit
Methods and the TP Aspects of Business Restructuring, the OECD had received
feedback relating to growing concerns over the lack of guidelines on
intangibles. Several governments and taxpayers had pointed out the lack of
guidance on Intangibles, particularly relating to its definition, identification
and valuation for TP purposes. Keeping in mind the rising graph of concerns, the
OECD has decided to start a new project on the TP Aspects of Intangibles in
2011. Before the Project is launched, the global forum has invited comments from
interested parties on the scope of such a project.
OECD
guidance on the transfer pricing aspects of intangibles is currently found in
the TPG, especially in Chapters VI and VIII. Further updated guidance will be
available in the revised Chapters I-III of the TPG and in the final report on
the Transfer Pricing Aspects of Business Restructuring once those are approved
by the Council and publicly released. Intangibles are also addressed in the July
2008 Report on the Attribution of Profits to Permanent Establishments and in the
Commentary on Article 12 of the Model Tax Convention.
|
