TP Lecture week 28 – Dispute resolution

Pre-recorded lecture:

Dispute Resolution: https://www.dropbox.com/sh/9own8vamz4i6y6b/AABsDBeP1ZOiOf97UCF5po8ea?dl=0

TP OECD Draft-Handbook-TP-Risk-Assessment-ENG

Follow curriculum – Reading:

OECD TPG Transfer Pricing Guidelines for Multinational Enterprises and Tax Administration July 2017

Chapter IV: Parts C, D, F, G

SOURCE: of Constitutions of various Countries

http://www.wipo.int/wipolex/en/

The above link not only introduces you to various treaties and laws per country on IP issues (relevant to international tax/transfer pricing issues), but also gives you access to the latest Constitutions.

In 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..., Constitutions are important to establish if:

• the Constitution is the Supreme Law and overrides all other laws;
• there are administrative law remedies – when a Revenue AuthorityTax authorities are fundamental institutions within government frameworks, overseeing tax assessment, collection, and administration. Their operations ensure that tax laws are enforced and public funds are collected efficiently. This article delves into tax authorities' purpose, responsibilities, and structure, offering insights into their essential role in supporting government functions and economic stability. What is a Tax Authority? A tax authority is... conducts an audit, should this be followed by a letter of findings before revised tax assessmentsA tax assessment is a formal determination made by a tax authority to calculate the amount of tax an individual or entity owes. It is a comprehensive evaluation based on financial records, declared income, expenses, deductions, and any applicable tax laws or regulations. Tax assessments may arise from routine self-assessments by taxpayers, or they may be conducted by revenue authorities... are raised? Are you entitled to reasons for a revised assessment?
• and other issues discussed in detail in the seminal Ph.D thesis of Prof Dr Daniel N. Erasmus “An Analysis of Challenging the Commissioner’s Discretionary Powers to Audit Taxpayers in light of the Constitution, 1996” available here – http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2426754 – where similar principles applicable in South Africa in analyzing taxpayer constitutional rights during tax auditsA Tax Audit is a comprehensive review or examination conducted by a government’s tax authority. The primary objective of a tax audit is to verify the accuracy of a taxpayer's financial records, tax returns, and overall tax compliance. This process ensures that the reported income, expenses, and deductions align with the applicable tax laws and regulations. Tax audits serve as..., are applicable to other jurisdictions with similar Constitutions;
• the implications of international law, especially to 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..., PE’s and the like.

Pay careful attention to the pre-trial filing in the coca-cola case below and the size of the professional and legal team, as well as the number of expert witnesses that have been called. The coca-cola case pre-trial document and articles can be found here: http://iitfconnect.com/?p=675