ATL-Editor

Delhi High Court vs ABIC India Pvt. Ltd: TRANSFER PRICING CASE

Case Summaries, FP News, India, International, International Tax, Postgraduate Programmes in Transfer Pricing, TP Case Summaries, Transfer Pricing /

The High Court of Delhi, in its judgment dated 14 October 2024, upheld the Tribunal’s decision to reinstate the Transactional Net Margin Method (TNMM) as the most appropriate transfer pricing method for SABIC India Pvt Ltd. The Revenue, represented by the Principal Commissioner of Income Tax -7, challenged the Tribunal’s ruling, which annulled the adjustment of ₹3,61,32,20,620/- made by the Transfer Pricing Officer (TPO) using the residual “other method” under Rule 10B(1)(f) of the Income Tax Rules, 1962.

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RSA vs Wiese & Others: TAX DEBT RECOVERY CASE

Case Summaries, FP News, International, International Tax, Postgraduate Programmes in International Tax, Postgraduate Programmes in South African Tax Law, South Africa, Tax Dispute Resolution /

The Supreme Court of Appeal of South Africa (SCA) ruled against Christoffel Hendrik Wiese and other appellants in their appeal concerning SARS’s efforts to recover a tax debt under section 183 of the Tax Administration Act (TAA).

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Australia vs Oracle: Transfer Pricing Case

Australia, Case Summaries, FP News, International, Postgraduate Programmes in Transfer Pricing, Tax Dispute Resolution, TP Case Summaries, Transfer Pricing /

This case addressed Oracle Corporation Australia Pty Ltd’s application to temporarily stay domestic court proceedings while a Mutual Agreement Procedure (MAP) under the Australia-Ireland double taxation treaty was ongoing. The case revolved around whether payments made by Oracle Australia to Oracle Ireland for sublicensing software were “royalties” under the treaty and thus subject to Australian withholding tax obligations.

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UK vs Glencore Energy: Transfer Pricing Case

Case Summaries, FP News, International, OECD, Postgraduate Programmes in Transfer Pricing, Tax Dispute Resolution, TP Case Summaries, Transfer Pricing, United Kingdom /

This case examines the boundaries of judicial review in tax disputes involving the Diverted Profits Tax (DPT), a tax introduced by the Finance Act 2015 to prevent profit shifting by multinationals. Glencore Energy UK Limited (GENUK), a subsidiary of the Swiss-based Glencore International AG (GIAG), was assessed under the DPT framework after HMRC deemed the service fees paid by GENUK to GIAG under a Risk and Services Agreement (RSA) to be excessive.

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Canada vs General Electric Capital Canada: Transfer Pricing Case

Arms Length Principle, Canada, Case Summaries, FP News, International, Postgraduate Programmes in Transfer Pricing, Tax Dispute Resolution, TP Case Summaries, Transfer Pricing /

The case of Canada v. General Electric Capital Canada Inc. (2010 FCA 344) revolved around whether guarantee fees paid by GE Canada to its parent company, GECUS, adhered to the arm’s length principle under Canadian tax law. GE Canada claimed deductions for these fees in its income calculations for the 1996–2000 taxation years.

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UK vs REFINITIV AND OTHERS (Thomson Reuters): Transfer Pricing Case

Case Summaries, FP News, International, Postgraduate Programmes in Transfer Pricing, Tax Dispute Resolution, TP Case Summaries, Transfer Pricing, United Kingdom /

The Court of Appeal’s decision in Refinitiv v HMRC is a defining moment in the intersection of transfer pricing and Diverted Profits Tax (DPT). The case revolved around DPT notices issued to three UK-resident companies within the Thomson Reuters group for the 2018 tax period, totaling over £167 million.

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Slovakia vs Minebea Access Solutions: Transfer Pricing Case

Arms Length Principle, Case Summaries, Comparability Analysis, FP News, International, Postgraduate Programmes in Transfer Pricing, Slovakia, Tax Dispute Resolution, TP Case Summaries /

The Minebea Slovakia transfer pricing case highlights the intricate challenges of aligning intra-group transactions with arm’s length principles. In this landmark ruling, the Supreme Administrative Court of Slovakia dismissed a cassation complaint filed by Minebea Access Solutions Slovakia s.r.o., a subsidiary of the Valeo Group.

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Portugal vs A Mining SA: Transfer Pricing Case

Case Summaries, FP News, International, International Tax, Mining, Portugal, Postgraduate Programmes in Transfer Pricing, TP Case Summaries, Transfer Pricing /

The case concerns a tax dispute between A…, S.A., a Portuguese mining company, and AT – Tax and Customs Authority. At the heart of the issue was the sale of an industrial wash plant by A… to B…, S.A., at a symbolic price of €1. AT contended that the sale breached transfer pricing principles under Article 58 of the IRC Code.

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