Cabinet Decision No. 39 of 2019, Article 61, establishes that full documentation does not preclude tax adjustments. Claiming that other linked entities are responsible for compliance does not excuse an entity from its local documentation duties. Crucially, even if an entity provides comprehensive records, the Authority reserves the right to adjust transaction prices if they are found not to be at arm's length. This article ensures that local entities remain fully accountable and that documentation is viewed as a tool for verification, not an automatic guarantee of price acceptance.
SECTION 8 - TAX AVOIDANCE
Chapter 2 - Indirect Transfer of Profits between Related Entities
Article 61
Claiming that other linked entities are responsible for complying with transfer pricing provisions does not absolve an entity from providing the required documents.
Full documentation of transactions between linked entities does not prevent adjustments to their prices if they are found not to be at arm's length.
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