En analyse af OECDs og de danske skattemyndigheders krav til transfer pricing dokumentation

Jacob Sørensen

Student thesis: Master thesis


Summary: During the past 20 years, global trade has evolved dramatically and today a staggering 60-70 pct. of world trade is conducted between inter-group related parties. OECD presented its first guideline on transfer pricing for multinational enterprises and tax administrations back in 1995. The latest full version of the guideline is from 2010, but chapter 5 about transfer pricing documentation has not changed since 1995, or at least not until recently in September 2014, where OECD presented an update of that specific chapter as part of the Base Erosion and Profit Shifting (BEPS) project. This master thesis analyzes the presented changes in this new chapter and OECD’s and the Danish tax authorities' requirements, guidelines and legislation regarding transfer pricing documentation. It specifies the changes and updates that the OECD has conducted and tax counselor's views on these as well as the effect these changes may have on Danish law regarding transfer pricing documentation. OECD’s Transfer Pricing Guidelines now specifies that documentation must consist of three parts: A master file conducted by the parent company in the multinational enterprise, an local file conducted by each party in the multinational enterprise for the controlled transactions, and a country-by-country reporting template conducted by the parent company, where relevant information for each party within the group is presented for each country where the group is doing business. Before, the guideline was not that specific about what the documentation should consist of. This led to many different rules around the world on how you should prepare the transfer pricing documentation. Danish tax authorities have not yet changed their law and requirements to comply with the new OECD Guidelines, but this can be expected to happen within a few years. The country-by-country reporting will be the biggest change from today’s requirements which were introduced in 1998 with “LL § 2” and “SKL § 3 b”. In 2006, new rules on what the transfer pricing documentation should contain were introduced. The current Danish regulation is consistent with OECD Transfer Pricing Guidelines for multinational enterprises and tax administrations from 2010. The country-by-country reporting means that multinational enterprises that have their parent company in Denmark will have to fill out the predetermined template for each party in the group if the total annual consolidated group revenue in the immediately preceding fiscal year exceeds € 750 million. The information must be submitted to the Danish tax authorities on request and can be shared with other tax authorities through government-to-government sharing agreements. This thesis stands out from other available publications regarding transfer pricing as it analyzes a very specific area about the documentation and the latest update from OECD in 2014.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2015
Number of pages84