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Take advantage of our free expert resources, written by the experts at LCN Legal, based on their practical experience of working with multinational groups and their advisers across the globe. If you are interested in these areas, you may wish to bookmark this page to check back regularly for new information.

Asymmetric profit splits in transfer pricing

10 March 2024   Paul Sutton

When is it appropriate to treat profits and losses differently? I’ll be very interested to hear your views and experiences around this area. In relation to the application of the Transactional Profit Split Method, the OECD Transfer Pricing Guidelines comment as follows (at para 2.115): “References to “profits” in this section should generally be taken…

Intercompany Agreements

Podcast transcript: ESG and how it relates to tax, with Sue Bonney

28 February 2024   Paul O’Regan

The following transcript has been lightly edited for clarity. The original interview can be heard on The LCN Legal Podcast here. Sue Bonney can be contacted on sue.bonney@forward.institute or via her LinkedIn page.   Intro: Hello and welcome to The LCN Legal Podcast, bringing you expert views and analysis of the legal aspects of transfer…

Interviews

An important IRS memo on intra-group loans

26 February 2024   Paul Sutton

New IRS legal advice on ‘implicit support’ in intercompany loans I’d like to share some thoughts on a recent development that David Zářecký alerted me to. On December 19, 2023, the Office of Chief Counsel of the IRS issued a memo with ‘non-taxpayer-specific legal advice’ regarding the application of US transfer pricing rules to intra-group…

Intercompany Agreements

Janet Jackson, George Michael, and the Profit Split method

19 February 2024   Paul Sutton

Control and Freedom in transfer pricing analysis ‘Control’ is an important element in transfer pricing analysis: ‘control of risk’ is key to establishing whether or not a particular entity has effectively assumed a risk. ‘Freedom’ – as in the freedom to choose the legal form and legal substance of an intercompany transaction – is equally…

Intercompany Agreements

New HMRC TP guidance on contractual terms in risk allocation

14 February 2024   Paul Sutton

New HMRC guidance on the accurate delineation of transactions On 26 January, HMRC released updated TP guidance on the delineation of transactions as regards risk. The new guidance contains a lot of interesting comments, which no doubt will take some time to digest, but here are a few initial observations. Fundamentally, HMRC’s guidance follows the…

Intercompany Agreements

Tuesday 6 Feb: Webinar on integrating TP policies and ICAs in SAP ERP and S/4HANA environments

31 January 2024   Paul Sutton

Next Tuesday 6 February, the LCN team will be co-presenting on a live one-hour webinar in collaboration with Exa AG. The webinar will explain the practicalities of integrating intercompany agreements with operational transfer pricing, with a specific focus on transactions involving physical goods within SAP ERP and S/4HANA environments. The times in EST, GMT and…

Intercompany Agreements

How to co-ordinate TP and Legal workstreams when designing controlled transactions

29 January 2024   Paul Sutton

Follow this 5-step process to ensure that TP policies are OECD-compliant Last week I talked about a transfer pricing case in India that demonstrates the benefits of having fit-for-purpose intercompany agreements that can be produced at short notice when required to respond to tax enquiries or tax audits. Which begs the question: how do you…

Intercompany Agreements

BBC India: this is what happens when you get the legal implementation of TP right

23 January 2024   Paul Sutton

How BBC India was able to successfully defend its transfer pricing position Long-term readers of this blog will know that a recurring theme is taxpayers who haven’t ensured that their intercompany agreements are fit for purpose, and who have suffered as a result. (I mentioned three just last week, and there are many other recent…

Intercompany Agreements

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