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#OECD TRANSFER PRICING GUIDELINES UPDATE#

Where “internal” comparable uncontrolled transactions are available to reliably price in-scope transactions, businesses and tax authorities are permitted to use the comparable uncontrolled price (CUP) method. The TNMM is considered the most appropriate method for pricing in-scope transactions. Consideration will be given as to whether transactions should be removed from scope where there is a high dependence on allocation keys to apportion indirect costs between the distribution and nondistribution activities which could materially affect the respective net profit margins.Īpplication of the most appropriate method to in-scope transactions

Where the entity carries out nondistribution activities (e.g., manufacturing or research and development) in addition to the distribution activities, unless the distribution activities can be adequately evaluated and priced separately from the nondistribution activities.

Involving the distribution of services or the marketing, trading, or distribution of commodities and.

Transactions out of scope of Amount B are those: Under “alternative A,” a largely quantitative approach based on the other scoping criteria and exemptions are considered sufficient and no additional qualitative criteria would be included. Examples of nonbaseline contributions are given, and include technical or specialized support activities, including customization or modification of the products distributed, and contributions specific to highly regulated industries.

Views are sought on whether there should be separate qualitative scoping criteria to exclude entities that make nonbaseline contributions from the scope of Amount B (“alternative B” in the consultation).

A quantitative filter will apply to specify that the ratio of operating expenses to annual net sales must be within a range between 3% and 30%-50% (to be specified), based on a three-year weighted average.

The qualifying transaction must exhibit economically relevant characteristics that mean it can be reliably priced using a one-sided transfer pricing method, with the distributor, sales agent, or commissionaire being the tested party, i.e., the simpler party to be tested under the transfer pricing rules, commonly but not exclusively using the transactional net margin method (TNMM).

The framework does not provide an exhaustive list of qualifying activities but identifies a set of core functions that distributors should perform in relation to in-scope transactions:

Businesses will then need to determine whether “baseline” activities are undertaken using the Amount B scoping criteria. A wholesale and retail distributor is deemed to solely carry out wholesale distribution if annual net retail sales (to end consumers) do not exceed 20% of total annual net sales.Ĭonsideration is being given as to whether the scope should be expanded to include the wholesale distribution of digital goods.Īn accurate delineation of the in-scope transaction will need to be undertaken in accordance with chapter I of the OECD transfer pricing guidelines. Wholesale distribution includes distribution to any customers except end consumers. Sales agency and commissionaire transactions where the entity contributes to the wholesale distribution of goods to third parties for another group entity.Buy-sell marketing and distribution transactions where the distributor purchases goods from another group entity for wholesale distribution to third parties and.ScopeĪmount B will apply to the following transactions: It also seeks stakeholder input in a number of areas. The framework sets out the scoping criteria, pricing methodology, documentation, and tax certainty considerations relating to Amount B. The OECD inclusive framework has developed a framework for Amount B, which aims to simplify and streamline the application of the arm’s length principle to baseline marketing and distribution activities. Since 2017, the members of the OECD inclusive framework have developed a “two-pillar” approach, and Amount B forms part of the Pillar One package on profit allocation.

#OECD TRANSFER PRICING GUIDELINES UPDATE#

This update follows a consultation on the main design elements of Amount B in December 2022. On 17 July 2023, the OECD/G20 Inclusive Framework on BEPS ("OECD inclusive framework") published a public consultation document containing updated design elements of Amount B of Pillar One, and outlining a new process for pricing baseline marketing and distribution activities in accordance with the arm’s length principle.