European Union Links
Key Documents
European Union Links
European
Commission - Taxation and Customs Union
Links to important transfer pricing resources in
the EU.
EU Transfer Pricing Forum
The EU Transfer Pricing Forum was formally
established by the Commission in June 2002 and consists of one expert from
the tax administrations of each Member State plus 10 experts from business.
Representatives from applicant countries and the OECD Secretariat attend as
observers. The above link provides background on the Forum, latest
information, meetings of the Forum, key documents, and names and CVs of the
Chairman and the business members of the Forum.
Transfer Pricing and the Arbitration Convention
The origin of the Arbitration Convention was the
European Commission’s 1976 proposal for a directive to eliminate double
taxation in the case of transfers of profits between associated enterprises
in different Member States and the White Paper of 1985 on the completion of
the Internal Market.
Key Documents
Summary Report on Penalties
Most EU Member States have rules which aim at
enforcing taxpayers' compliance. These rules are regulated by national
legislation and, therefore, can vary widely. This paper concentrates on
adjustment related penalties, i.e. penalties imposed for failure to comply
with the arm's length principle usually levied in the form of a surcharge at
a fixed amount or a certain percentage of the transfer pricing adjustment or
the tax understatement.
October 2009
Proposal for a
Revised Code of Conduct for the Effective Implementation of the Arbitration
Convention
This Communication reports on the work of the
JTPF during the March 2007 to March 2009 period and presents in annex a
revised Code of Conduct for the Arbitration Convention. As a result of a
monitoring exercise on the application of the existing Code of Conduct, it
was recognized that the three-year target for resolution specified within
the Code of Conduct was difficult to achieve and further work was needed to
clarify the process to facilitate resolution within the three-year time
frame. Consequently, some revisions are proposed to provide the necessary
clarification on specific provisions of the Arbitration Convention.
September 14, 2009
Documents from meeting of EU Joint Transfer Pricing Forum on February 21,
2008
This link leads to documents released from an EU
JTPF meeting, including draft recommendations related to the interpretation
of some provisions of the arbitration convention, clarification of
deadline-related issues, establishment of a standardized form that would
allow prospective retractors to disclose potential conflicts, and a review
of the status of EU members' compliance with the Code of Conduct for the EU
Arbitration Convention.
February 21, 2008
EU
Discussion Paper on Draft JTPF Recommendations Related to Interest Charges
in the Context of Mutual Agreement Procedures
According to the EU JTPF, EU tax agencies should
freeze interest charges on disputed tax liabilities while competent
authorities negotiate double taxation relief or provide other interest
relief during competent authority talks.
February 21, 2008
EU
JTPF, Contributions on Centralised Intercompany-Group Services
Proposal of adopting a margin of between 5 and 8
percent on costs for standard intercompany services and further
recommendation that the JTPF create a uniform European standard for
documenting those charges.
December 21, 2007
Commission Communication on Dispute Avoidance and Resolution Procedures
Including Guidelines for Advance Pricing Agreements within the EU
This Communication aims to prevent transfer
pricing disputes and associated double taxation from arising by introducing
Guidelines for Advance Pricing Agreements (APAs) within the EU.
February 26, 2007
Report on the Activities of the EU Joint Transfer Pricing Forum in the Field
of Dispute Avoidance and Resolution Procedures
The report from the Forum suggests some best
practices for APAs. The Forum does not propose any best practices in
this report for the other areas examined for Dispute Avoidance and
Resolution – voluntary or mandatory consultation, simultaneous tax
examinations and expert opinion or mediation. This lack of proposals for
these areas does not necessarily mean that the ideas do not possess any
merit at all but more that the Forum considered that developing best
practices for APAs would be most beneficial for taxpayers and tax
administrations in the internal market.
February 26, 2007
Code of Conduct on Transfer Pricing Documentation for Associated Enterprises
in the European Union
This Code of Conduct concerns the implementation
of standardized and partially centralized transfer pricing documentation for
associated enterprises in the European Union. It is addressed to Member
States but is also intended to encourage multinational enterprises to apply
the EU TPD approach.
June 27, 2006
Commission Staff Working Document on the Activities of the EU Joint Transfer
Pricing Forum in the Field of Documentation Requirements
Provides extensive guidelines on preparing
comprehensive and effective transfer pricing documentation.
November 11, 2005
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