Transfer pricing record-keeping made simple

Companies, trusts and partnerships can simplify their transfer pricing record-keeping requirements if any of following options applies:

  • Small taxpayers with turnover under $25m for the year for their “Australian economic group” (see below)
  • Materiality. Total international related-party dealings represent not more than 2.5% of the total turnover for the Australian economic group
  • Distributors with a turnover under $50m for the Australian economic group
  • Intra-group services. The combined value of intra-group services rendered or provided was:
    • $1m or less, or
    • more than $1m, but the total amount
      • charged for the services they received was not more than 15% of the total expenses of the Australian economic group, and
      • derived for the services they provided was not more than 15% of the total revenue of the Australian economic group
  • Management and administrative services. Income and expenditure on these services was not more than 50% of the total international party dealings of the Australian economic group
  • Technical services. Income and expenditure on these services was not more than 50% of the total international related-party dealings of the Australian economic group
  • Low-level inbound loans of $50m or less for the Australian economic group, and
  • Low-level outbound loans of $50m or less for the Australian economic group.

An Australian economic group consists of an entity together with all the entities it is required to include in its consolidated financial statement by Australian Accounting Standard AASB 10.

An entity can be a company, partnership, superannuation fund or trust.

The ATO Guideline specifies further eligibility criteria for the options. Taxpayers must self-assess to determine whether they meet these criteria.

The options reflect the types of transactions or activities the ATO believes are low risk in the context of international related party dealings. If taxpayers apply any of these options, then the ATO will check to confirm their eligibility, but will not further review the relevant transactions or arrangements for transfer pricing purposes.

Taxpayers must keep contemporaneous documentation to substantiate their eligibility. They must also inform the ATO of their election. This can be done by including code 7 at the percentage of documentation label field in the International Dealings Schedule (IDS) for relevant categories of transactions on the IDS. It must be noted that this code was not available for the 2014 income year — taxpayers who are contacted for the 2014 income year must inform the ATO that one or more options have been applied.

Still under review. The options will be available on an on-going basis subject to review, which will be finalised in September 2017.

Caution. Note that taxpayers are still required to comply with the general record-keeping requirements in ITAA 1936 s 262A.

Best regards,

Oracle Accounting Group

02-9715 2977

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