A single reference book that provides a thorough analysis of the
framework surrounding transfer pricing transactions in Canada.
Transfer
pricing, the prices at which an enterprise transfers property or services to
associated enterprises, is a critical consideration of all enterprises with
multinational or multiprovincial operations. Transfer Pricing in Canada
reviews the transfer pricing regulatory and administrative environment from a
Canadian perspective as well as describing the OECD’s transfer pricing
guidelines for its member countries. The book describes in depth all three
sources of transfer pricing considerations, i.e. government administrative
pronouncements, jurisprudence and legislation. Aside from updating the existing
materials, this second edition includes new sections dealing with the most
recent Canada Revenue Agency administrative pronouncements (the Transfer
Pricing Review Committee, repatriation, downward adjustments, third party
information, APA Program Development Strategy), expanded commentary on topics
such as multiple-year data, recharacterization, penalties, competent authority,
patronage dividends, marketing intangibles and secret comparables, as well as
extended coverage of transfer pricing court cases. Clear diagrams of the court
cases described in the book have been added in context.
Contents
include the following:
- Legislative Provisions: past and current provisions in the
Income Tax Act and Canada’s Tax Treaties
- The Case Law: analysis of significant decisions in the
transfer pricing area
- Administrative Provisions: including OECD guidelines, PEs,
taxpayer-initiated adjustments, transaction-by-transaction approach v.
bundling, multiple-year data, cost plus method, transactional profit method,
CPM/TNMM, competent authority notification, and much more
- OECD Transfer Pricing Guidelines
- Secondary Adjustments
- Information Gathering
- Competent Authority
- Tax Administration
- APAs
- Time Limitations
- Canada Revenue Agency Documents and Forms
François Vincent, LL.L., M.Fisc., has been a partner and
Leader of the Transfer Pricing Practice at KPMG LLP in Montréal since
2001. Before entering private practice, he was with the Canada Customs and
Revenue Agency as the principal legal advisor on transfer pricing matters. He
continues to teach the legal aspects of transfer pricing to CRA’s auditors
and officials and is a frequent speaker on the topic. |
