
ICC Comments on OECD Discussion Draft on Chapter VII of the Transfer Pricing Guidelines “Transfer Pricing of Financial Transactions” – BEPS Actions 8-10
The OECD Discussion Draft provides guidance on the application of the principles of Section D.1 of Chapter I of the OECD Transfer Pricing Guidelines (TPG) to financial transactions. The draft also addresses specific issues related to the pricing of financial transactions such as treasury functions, intra-group loans, cash pooling, hedging, guarantees and captive insurance.
The key issue that runs through several aspects of the paper is whether the arm‘s length principle, including a full functional analysis and delineation of the transaction, should be applied when analysing the conditions surrounding intercompany financial transactions.
ICC supports the OECD position that “the arm’s length principle should govern the evaluation of transfer prices among associated enterprises”. This position is viewed as the best way to avoid double taxation and therefore encourage cross-border trade and investment.
ICC also supports the OECD‘s position when it states, at para 1.6 of the guidelines, that the “separate entity approach treats the members of an MNE group as if they were independent entities”.
ICC would welcome further examples to help clarify the application of the arm’s length principle, and believes that the OECD should clarify whether its transfer pricing guidance for financial transactions should apply retroactively.
ICC welcomed the opportunity to comment on the OECD Discussion Draft on “Transfer Pricing of Financial Transactions” and to this end has provided comments for the OECD’s consideration.
- ICC Comments on OECD public consultation document on the review of BEPS Action 14: Making Dispute Resolution Mechanisms More Effective
- ICC Comments on OECD public consultation document: Reports on the Pillar One and Pillar Two Blueprints: Tax challenges arising from digitalisation
- The Benefits of Advertising Self-Regulation in Ensuring Responsible and Compliant Advertising
- ICC Continuous Transaction Control (CTCs) Practice Principles
- ICC statement on tax measures to “Save our SMEs” in response to COVID-19
Privacy Overview
These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
View ICC privacy policy
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Cookie | Type | Duration | Description |
---|---|---|---|
cli_user_preference | 0 | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
cookielawinfo-checkbox-analytics | 0 | 11 months | This cookies is set by GDPR Cookie Consent WordPress Plugin. The cookie is used to remember the user consent for the cookies under the category "Analytics". |
cookielawinfo-checkbox-necessary | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
cookielawinfo-checkbox-non-necessary | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Non Necessary". |
cookielawinfo-checkbox-performance | 0 | 1 year | This cookie is set by GDPR Cookie Consent plugin. The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Performance'. |
cookielawinfo-checkbox-performance | 0 | 1 year | This cookies is set by GDPR Cookie Consent WordPress Plugin. The cookie is used to remember the user consent for the cookies under the category "Performance". |
CookieLawInfoConsent | 0 | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
JSESSIONID | 1 | Used by sites written in JSP. General purpose platform session cookies that are used to maintain users' state across page requests. | |
mobile | 0 | Session | This is a Microsoft SharePoint cookie for internal use of the application. |
PHPSESSID | 0 | Session | This cookie is native to PHP applications. The cookie is used to store and identify a users' unique session ID for the purpose of managing user session on the website. The cookie is a session cookies and is deleted when all the browser windows are closed. |
SERVERID567 | 0 | 15 minutes | Session cookie that expires when the page is closed. The operation of the host requires the presence of this cookie corresponding to a number of "SERVERIDES" servers to ensure the proper loading of the site. |
viewed_cookie_policy | 0 | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
WSS_FullScreenMode | 0 | session | This is a Microsoft SharePoint cookie for internal use of the application to indicate whether a page is shown in full screen mode. This cookie expires when you close your browser. |
Functionality cookies allow websites to remember the user’s site preferences and choices they make on the site including username, region, and language. This allows the website to provide personalized features like local news stories and weather if you share your location.
Cookie | Type | Duration | Description |
---|---|---|---|
cuvid | 0 | 2 years | This cookie is typically written to the browser upon the first visit to the site from that web browser. If the cookie has been deleted by the browser operator, and the browser subsequently visits the site, a new __cuvid cookie is written with a different visitor unique ID. This cookie is used to determine unique visitors to the site and it is updated with each page view. Additionally, this cookie is provided with a unique ID that the application uses to ensure both the validity and accessibility of the cookie as an extra security measure. |
cuvon | 0 | 30 minutes | Used to signal the last time a visitor viewed a page. |
lang | 0 | Session | This cookie is used to store the language preferences of a user to serve up content in that stored language the next time user visit the website. |
pum-(numbrer) | session | 1 month | This cookie is deposited by the “popup maker” plugin. These cookies are of the form pum- (number). For each "popup window" that is offered on the site, there is a cookie with a different number. These cookies allow you to manage the repeated display of popups in the browser by not showing this popup again if you have closed it. |
A set of cookies to collect information and report about website usage statistics without personally identifying individual visitors to Google.
Cookie | Type | Duration | Description |
---|---|---|---|
_ga | 0 | 14 months | This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors. |
_gat | 0 | 1 minute | This cookies is installed by Google Universal Analytics to throttle the request rate to limit the collection of data on high traffic sites. |
_gat_UA-30095339-1 | 0 | 1 minute | This cookie is used for throttling requests to Google Analytics to increase the efficiency of network calls. |
_gid | 0 | 1 day | This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form. |
cusid | 0 | 30 minutes | This cookie is used to establish and continue a user session with the site. When a user views a page on the site, the script code attempts to update this cookie. If it does not find the cookie, a new one is written and a new session is established. Each time a user visits a different page on the site, this cookie is updated to expire in 30 minutes, thus continuing a single session for as long as user activity continues within 30-minute intervals. This cookie expires when a user pauses on a page on the site for longer than 30 minutes. |
sc_anonymous_id | 0 | 9 years | Soundcloud Cookie. This cookie allows users to embed files or other content onto the website, this function can be limited to specific visitors. |
uid | 0 | 1 year | This cookie is used to measure the number and behavior of the visitors to the website anonymously. The data includes the number of visits, average duration of the visit on the website, pages visited, etc. for the purpose of better understanding user preferences for targeted advertisments. |
UIDR | 0 | 1 year | The cookie is used to tracks the users activity across the internet on the browser such as visit timestamp, IP address, and most recently visited webpages. and may the data send to 3rd party for analysis and reporting to help their clients better understand user preferences. |
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
Cookie | Type | Duration | Description |
---|---|---|---|
amiandoCRT | 1 | 1 year | Xing-event: pending |
anonymousToken | 1 | 5 months | Xing-event: pending |
AWSALB | 0 | Session | A cookie generated by the Application load AWS ELB (Elastic Load Balancer) - Used for managing sticky sessions across production servers. |
AWSALBCORS | 0 | Session | This cookie is managed by AWS and is used for load balancing. |
bcookie | 0 | 2 years | This cookie is set by linkedIn. The purpose of the cookie is to enable LinkedIn functionalities on the page. This is a Microsoft MSN 1st party cookie for sharing the content of the website via social media. |
bscookie | 1 | 2 years | Used by the social networking service, LinkedIn, for tracking the use of embedded services. |
GPS | 0 | 30 minutes | This cookie is set by Youtube and registers a unique ID for tracking users based on their geographical location. |
IDE | 1 | 2 years | Used by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile. |
lidc | 0 | 1 day | This cookie is set by LinkedIn, used for routing and to store performed actions on the website. |
lissc | 0 | 1 year | This cookie used for Sign-in with Linkedin and/or for Linkedin follow feature. |
org.springframework.web.servlet.i18n.CookieLocaleResolver.LOCALE | 1 | LocaleResolver implementation that uses a cookie sent back to the user in case of a custom setting, with a fallback to the specified default locale or the request's accept-header locale. This is particularly useful for Xing for stateless applications without user sessions. | |
VISITOR_INFO1_LIVE | 1 | 6 months | This cookie is set by Youtube. Used to track the information of the embedded YouTube videos on a website. |
YSC | 1 | This cookies is set by Youtube and is used to track the views of embedded videos. |