Intercompany Agreements

BlackBerry’s Transfer Pricing in Light of BlackBerry Limited v. The King

29 November 2023 Guest Author

This is a guest post by Harold McClure, a New York City-based independent economist with 26 years of transfer pricing and valuation experience. BlackBerry Limited v. The King (2023 TCC 137) represents an attempt by the Canadian Revenue Agency (CRA) to tax profits earned by BlackBerry’s US subsidiary under Canadian Foreign Accrual Property Income (FAPI) rules….

Intercompany Agreements

Key elements of the EU’s BEFIT proposals

23 November 2023 Guest Author

This is a guest post by Lennart van den Kommer, an International Tax Manager who specialises in Dutch and international taxation. His primary focus is on transfer pricing, including policy setting, implementation, monitoring, documentation, control and tax audit support. On 12 September 2023, the European Commission proposed three directives relating to corporate income taxation….

Intercompany Agreements

Article in the Tax Notes journal: updated German TP guidelines are a clear statement on economic substance

22 November 2023 Paul Sutton

Establishing economic substance: time to face the facts My colleague Rebecca Flanagan and I have written an article for the Tax Notes journal. You’ll find it here. In it we examine the German Ministry of Finance’s Administrative Principles on Transfer Pricing, which were updated in June. These will require attention by any groups who operate…

Intercompany Agreements

We’ve updated our guide to intercompany agreements

19 November 2023 Paul Sutton

Updated and expanded: our briefing note on effective intercompany agreements You may know about our briefing document ‘Effective Intercompany Agreements for Transfer Pricing Compliance’. It’s a detailed guide that covers the basics of ICAs (what they are and why they’re essential), as well as including practical recommendations for how to ensure that transfer pricing policies…

Intercompany Agreements

Reprising LCN’s greatest hits in Austin, Texas

12 November 2023 Paul Sutton

A report from our workshop at the Praxity North American International Tax Conference Last week my colleague Leiza Bladd-Symms and I were in Austin, Texas, which is apparently the ‘Live Music Capital of the World’. We had been invited to present a workshop as part of the ‘TP Bootcamp’ at the North American International Tax…

Intercompany Agreements

Setting the contractual structure of remuneration

27 October 2023 Paul Sutton

An essential step prior to benchmarking. Ready… steady… In real life, the contractual structure of remuneration can make an enormous difference to price and willingness to transact. For example, in the field of professional advisory services, the options as regards contractual structure of remuneration include: Hourly rates Fixed fees* Monthly retainers Value billing (% of…

Intercompany Agreements

Nine preliminary questions when considering intercompany loan agreements

23 October 2023 Paul Sutton

How to scope out intercompany agreements that deal with loans and indebtedness Many thanks to everyone who gave us positive feedback about our recent thoughts on intercompany debt. I’ve been thinking about that subject a lot recently, as I’m in the process of updating our book ‘Intercompany Agreements for Transfer Pricing Compliance – A Practical…

Intercompany Agreements

Danish Oil Exploration Transfer Pricing Case and Joint Operating Agreements

13 October 2023 Guest Author

This is a guest post by Harold McClure, a New York City-based independent economist with 26 years of transfer pricing and valuation experience. (One of several that he has written for us.) He considers the issues arising from the Denmark’s Supreme Court’s recent ruling in A.P. Møller – Mærsk A/S v. Skatteministeriet. Denmark’s Supreme Court…

Intercompany Agreements