TP Lecture week 2.1 – Legal Framework

ATL-Editor 10 November 2019

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Live tutorial materials:

Follow the curriculum – Reading:

For a useful comparative tool on TP country-by-country, look at: https://www.lexology.com/navigator# and select the topic “transfer pricing”

Victor Thuronyi Comparative Tax Law – this is a GREAT general book on International Tax as the legal framework applicable to TP, especially:

1.3 Legal Families, page 31

4.1 Tax LawTax laws form the backbone of any nation’s revenue system, setting the rules that govern how individuals and corporations contribute financially to support government functions. These laws define the types of taxes, the applicable rates, and the regulations regarding payment and compliance. They also outline the rights and obligations of taxpayers, ensuring a balanced and fair approach to funding public... and part of the Legal System, page 60

4.3.2 Principle of Legality, page 70

4.3.3 General Limits on Taxing Power, page 72

4.3.6 Nonretroactivity, page 76

4.5.1 Scope of Treaties, page 111

4.5.2 Domestic effect, page 112

4.5.3 Interpretation of Treaties, page 115

4.6 Administrative Law, page 121

5.6 Sham transactions, page 157

5.7 General Anti-Avoidance, 160

6 Chapter Transfer Pricing B Arnold International Tax Primer 3rd ed

PWC International TP 2015-16

Establishing a transfer pricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... policy – practical considerations, page 47

General ongoing reading as the courses advance, reading about 10 pages a week to gain an overview understanding:

An Overview of Transfer Pricing by IBFD

Some extra reading referred to in the tutorial session

B Arnold International Tax Primer Chapter 8.1 – An Introduction to Tax Treaties. Read the section to explain the expansiveness of international tax lawTax laws form the backbone of any nation’s revenue system, setting the rules that govern how individuals and corporations contribute financially to support government functions. These laws define the types of taxes, the applicable rates, and the regulations regarding payment and compliance. They also outline the rights and obligations of taxpayers, ensuring a balanced and fair approach to funding public...: 8 Chapter An introduction to Tax Treaties

Then read from Roy Rohatgi (RR) Chapter 2: Defn. – page 13 whole piece as an introduction: 2 Chapter Principles of International Tax Law and then 1.6 In International Tax LawTax laws form the backbone of any nation’s revenue system, setting the rules that govern how individuals and corporations contribute financially to support government functions. These laws define the types of taxes, the applicable rates, and the regulations regarding payment and compliance. They also outline the rights and obligations of taxpayers, ensuring a balanced and fair approach to funding public... Enforceable? – page 21

Reuven S. Avi-Yonah, International Tax as International Law, Kindle edition (2009): Chapter 1: https://www.amazon.com/International-Tax-Law-Analysis-Cambridge/dp/0521618010

Kenneth J. Vandevelde, Bilateral Investment Treaties: History, Policy and Interpretation, Kindle edition (2010): Chapter 7 Nondiscrimination, &.2 Most Favoured Nation and National Treatment: https://www.amazon.com/Bilateral-Investment-Treaties-History-Interpretation/dp/0195371364

Read this – 2 US Bilateral Investment Treaties BITs Trade Compliance Center – Making America’s Trade Agreements Work for You!

2 Africa law summaries BITs article – remember the first lecture and the mention of BITs treaties – read this

And this – 2 US Bilateral Investment Treaties BITs Trade Compliance Center – Making America’s Trade Agreements Work for You!

The WTO and Direct Taxation – 2-5 Brief overview of WTO rules affecting tsxation from M Lang WTO and Direct Taxation

2 Int’l tax GATT Tax Disputes TP – download this EXCEL spreadsheet with tax related summaries

Here is one such VAT dispute before the WTO – 2-5 WTO | dispute settlement – the disputes – DS309

More WTO generally – 2-5 8 WTO disputes Conflict of Norms in Public International Law

Hans Pijl, State Responsibility in Taxation Matters, Bulletin (2005): 2-5 Hans Pijl State Responsibility in Taxation Matters

Categories: Africa, FP News, Nigeria, SADC, South Africa, West Africa, Zambia

Tags: Courses, transfer pricing

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