Transfer pricing. Emerging issues in T.P. Handling KRA audits regarding T.P. Resolving T.P disputes

Similar documents
Tax Seminar: Transfer Pricing A Customs Perspective. Peter Caxton Kinuthia Director, Tax Services KPMG Kenya. 30 April 2015

Base erosion & profit shifting (BEPS) 25 May 2016

Global Transfer Pricing Review kpmg.com/gtps

Transfer Pricing Principles By Wilfred Alambo KPMG Advisory Services Limited

Managing KRA Audits in the Era of Desktop Audits Presentation by: CPA Francis Musyoka Thursday, 30 th November Uphold public interest

HONG KONG BEPS AND NEW TRANSFER PRICING LAW

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

Transfer Pricing Country Summary The Netherlands

IBFD Course Programme Transfer Pricing: Compliance and Audit Management in Southeast Asia

IBFD Course Programme Principles of Transfer Pricing

27 October Corporate Tax Update breakfast seminar

Transfer Pricing Country Summary Switzerland

Belgium. WTS Global Country TP Guide Last Update: December Legal Basis. 2. Master File (MF) Yes

India revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries

Global Transfer Pricing Review

Global Transfer Pricing Review kpmg.com/gtps

Tax proposals 2017/2018

1. Codifies transfer pricing rules, relief and provides for advance pricing arrangement (APA) regime to cater for unilateral,

Transfer Pricing An East African Perspective

Institute of Certified Public Accountants Transfer Pricing Workshop

Value chain perspectives and their increased importance under BEPS, tax policy and technological change

Transfer Pricing Country Summary Belgium

A Guide To Changes In Irish Tax Rules

Mini-Panel: International Reporting Heavy Compliance Burden Ahead. Amit Chadha KPMG JP Borman PwC Wally Horak Bowman Gilfillan Franz Tomasek SARS

ALTERNATIVE TAX DISPUTE RESOLUTION FRAMEWORK

KPMG LLP 2001 M Street, NW Washington, D.C Comments on the Discussion Draft on Cost Contribution Arrangements

The OECD s Discussion Draft on Transfer Pricing Documentation and Country-by-Country Reporting: A work in progress

BEPS Country-by-Country Reporting Rules and New Documentation Requirements

Tax Dispute Resolution Mechanism Presentation by: Stanley Ngundi Tax Manager, Ernst and Young LLP.

BEPS Action Plan 13. Master File and Country by Country reporting: Navigating challenges with tax, accounting and IT service offerings. KPMG.

The impact of transfer pricing in corporate tax planning

Bilateral Advance Pricing Agreement Guidelines

Hong Kong introduces tax and transfer pricing legislation to counter Base Erosion and Profit Shifting

Overview of Transfer Pricing

OECD releases final BEPS package

Hong Kong passes tax and transfer pricing legislation to counter Base Erosion and Profit Shifting

Chapter -1. An Introduction to Transfer Pricing

Denmark. WTS Global Country TP Guide Last Update: December Legal Basis. 2. Master File (MF) Yes

The OECD s 3 Major Tax Initiatives

Overview of OECD Action Plan on Base Erosion and Profit Shifting (BEPS)

On October , the OECD released its final report on

CPA Esther Wahome. Thursday, 16 August 2018

An overview of Transfer Pricing

Exchange of information on Tax Rulings

TRAINING ON TRANSFER PRICING. Income Tax Workshop DATE: 12th 13th April 2018 VENUE: Grand Regency Hotel Nairobi

Transfer Pricing Country Summary Israel

BASE EROSION AND PROFIT SHIFTING ISSUES : THAILAND

Principles of Transfer Pricing

An overview of Transfer Pricing

HONG KONG. 1. Introduction. Contact Information Henry Fung Candice Ng

Post-BEPS application of the arm s length principle: India charts a new course

Presentation by Shigeto HIKI

OECD TP Guidelines July 2017 Brief synopsis

OECD Tax Treaties and Transfer Pricing Division 2, rue André Pascal Paris Per

Tax Certainty EBF TAX CONFERENCE Brussels, 22 November Giorgia Maffini. OECD s Centre for Tax Policy and Administration

Update of the General Guidelines for Applying the Arm s Length Principle a New Section D in Chapter I of the Guidelines

THE FUTURE OF TAX PLANNING: TRANSPARENCY AND SUBSTANCE FOR ALL? Friday, 26 February AM PM Conrad Hotel, Hong Kong

Proposed new guidelines:

International Tax Update. Friday, December 1, 2017 Grant Thornton's Year End taxguide Event Brandon Joseph Senior Manager, International Tax

DECEMBER Update on Transfer Pricing: Compliance Requirements and the Changing Landscape

Tax Procedures Act Grant Thornton International Ltd. All rights reserved.

Hong Kong SAR Government s Roadmap following the outcomes of the BEPS Consultation

Transfer Pricing in India Searching for stability in uncertain times

India s High Court of Delhi rules on transfer pricing aspects of intra-group service transactions

Intangibles in transfer pricing: A look at the new OECD guidance and Japanese regulations

IBFD Course Programme International Tax Planning after BEPS and the MLI

Indian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment

Vinodh & Muthu. Tax Alert. Insight. Chartered Accountants. Country by Country Reporting & Master File

Korean Tax Update BEPS Implementation

TRANSFER PRICING AND CbC REPORTING: A PRACTICAL GUIDE TO DOCUMENTATION FOR LARGE AND SMALL BUSINESSES. Jeremy Capes KPMG

ICPAK s Tax Management for PBOs Workshop

An overview of Transfer Pricing

OECD/G20 Base Erosion and Profit Shifting Project

Global Transfer Pricing Review

Australian government introduces bill to combat multinational tax avoidance

EASTERN BRANCH ANNUAL TAX WORKSHOP SESSION :Tax compliance. Presentation by: CPA Faustin Mwinzi Thursday, 11 th NOV Uphold public interest

KIRKLAND ALERT. e First BEPS Changes Come to the U.S.: e IRS Issues Proposed Regulations on Country-by-Country Reporting. Attorney Advertising

Base Erosion and Profit Sharing Action Plan 11, 12, 14 & 15. Mr. S.P. Singh, Ex-IRS 7th November, 2015

B.6. Cost Contribution Arrangements

China Related Party Transactions and TP Documentation Rules Highlights. 10 August 2016

A Transfer Pricing Update BEPS & U.S. Tax Reform

Transfer Pricing Country Summary Austria

AUDIT AND RISK ASSESSMENT

Intra-Group Services & Intangibles

Foundation for International Taxation Jubilee Conference

1. New decree on transfer-pricing documentation requirements

Practical Implications of BEPS

Country-by-country reporting Adapting to a changing documentation regime

New post-beps three-tiered documentation requirements Impact for Kazakhstan s multinational enterprises

IBFD Course Programme Principles of Transfer Pricing

Tax Audit Trends and Developments: How taxpayers can achieve optimum results

Deloitte TaxMax The 43 rd series One bold step in the right direction. Theresa Goh & Subhabrata Dasgupta l 22 November 2017 By Deloitte Tax Academy

IBFD Course Programme BEPS Country Implementation

Photo credits: Cover MIND AND I Shutterstock.com OECD 2017

TRANSFER PRICING DOCUMENTATION IN POLAND

Inbound distribution arrangements How do your profits stack up against the ATO s profit markers?

BEPS Action Plan. September 2014

IBFD Course Programme Current Issues in International Tax Planning

IRAS release of e-tax guide: Transfer Pricing Guidelines (Fourth edition)

International Transfer Pricing

Transcription:

Transfer pricing Emerging issues in T.P Handling KRA audits regarding T.P Resolving T.P disputes

Emerging issues BEPS Effects of BEPS: Loss of revenue by governments and increase in tax administration costs Increased tax burden to individuals when MNEs shift their profits Loss of reputation by MNEs due to noncompliance with tax rules

Emerging issues New T.P documentation requirements MNEs now required to create 3 tiered documentation Master file Local file Country by country report

Emerging issues ALP for Intangibles Difficult to evaluate transactions involving intangibles because: Difficult to find comparables; Normally transferred along with tangible assets; and Difficult to be detected Determination of the ALP is a major issue when dealing with intangibles

ALP for Intangibles Incorrect valuation of intangible assets to attract higher compensation Transfer of intangibles outside Kenya i.e. Mauritius to attract preferential tax rates

Emerging issues ALP for Intragroup services Allocation of costs using allocation keys Challenge of whether its necessary for the services provider to make a profit Its tedious to determine a percentage of mark up and to fix the benchmark of markup.

Emerging issues ALP for Intragroup services Allocation of costs using allocation keys Challenge of whether its necessary for the services provider to make a profit Its tedious to determine a percentage of mark up and to fix the benchmark of markup.

Emerging issues Valuation of IP Appropriate adjustments have been made to address issues of compensation or valuation of I.P The new cost sharing regulations allow companies to use the income method to value IP

Special considerations for IP The considerations include Who developed the intangible property? Who enhances the intangible property? Who maintains the intangible property? Who protects the intangible property? Who exploits the intangible property?

Emerging issues ALP for intragroup management services The ALP is determined through 3 tests Were the services rendered? What is the correct value of services rendered? How were those services benchmarked? Two methods used to determine value of services rendered are direct charge and indirect charge.

Emerging issues Mutual Agreement Procedure (MAP) Allows designated representatives from the governments of the contracting states to interact with the intent to resolve international tax disputes. Common Reporting Standard(CRS) Its an international framework developed by the OECD for the automatic exchange of information.

Emerging issues Increased scrutiny of related party transactions. Training of KRA staff to handle TP audits. KRA has contracted the services of international consultants to help in handling these TP investigations.

Managing T.P Audits

What triggers a T.P audit? Inconsistency in tax remittances. Benchmarking against sector and industry statistics. Intelligence gathering through KRA information reward scheme. Industry/sector peculiarities e.g. cash transactions, offshore activities

Triggers Special consideration like large investment deductions or transfer pricing for multinationals. Persistent losses Scientific selection Compliance record through past audits

Resolving Transfer Pricing Disputes

Resolving T.P disputes Applies where a taxpayer disputes an assessment Conditions for successful objection Objection must be received within 30 days of the date of issue of an assessment; grounds for objection must be stated; Objection must be accompanied by relevant supporting evidence.

Resolving T.P disputes If dissatisfied with the objection outcome taxpayer may appeal to: Local Committee (Income Tax cases) or Tribunal (VAT cases) within 30 days after the date of communication of the outcome; and Further appeals made to the High Court for those still dissatisfied.

Resolving T.P disputes Alternative Dispute Resolution(ADR) What is ADR? It is a voluntary, participatory and facilitated discussion over a tax dispute between a taxpayer and the KRA Applicable upon the mutual consent of both the Commissioner and the tax payer.

ADR Encourages out of court dispute resolution. Delivers settlement of objection within 60 days Any party to a dispute before the local committee,tax tribunal, or the high court can apply to refer the dispute to ADR

Philip Muema Managing Director Nexus Business Advisory Limited 2 nd Floor, Block A 51 Lenana Road +254 20 2199064/ 20 5100263 pmuema@nexusafrica.co.ke www.nexusafrica.co.ke