Transfer Pricing Times - July 2019

In the “France Becomes First Country to Enact Digital Services Tax” article, we discuss French President Emmanuel Macron signing into law a 3 percent digital services tax intended to apply to certain digital services provided to, or aimed at, French users (e.g., providing an internet platform for the purpose of targeted advertising or the connection of buyers and sellers).

In the “Altera Files Petition for Rehearing En Banc in the United States Court of Appeals for the Ninth Circuit” article, we review Altera Corporation & Subsidiaries’ petition for a rehearing en banc in the United States Court of Appeals for the Ninth Circuit that follows the June 7, 2019, 2:1 majority decision issued by the Ninth Circuit Court of Appeals which overturned the earlier Tax Court decision.

In the “NABE Transfer Pricing Symposium Held in Washington DC” article, we discuss the National Association of Business Economics Transfer Pricing Symposium, including presentations on the APMA FCD Workbook, the OECD discussion draft on the transfer pricing aspects of financial transactions and the current regulatory status of key U.S. international tax provisions enacted as part of the Tax Cut and Jobs Act.

In the “ATO Releases Final Guidance on the Interaction Between the Transfer Pricing Rules and Debt/Equity Tests” article, we discuss the Australian Taxation Office publishing final Taxation Determination TD 2019/10 which deals with the interaction between the Australian debt and equity rules in Division 974 and the transfer pricing rules in Subdivision 815-B of the Income Tax Assessment Act 1997. 

In the “Thailand Issues Revised Draft Transfer Pricing Guidelines” article, we summarize Thailand’s draft transfer pricing guidelines that will take effect for accounting periods starting on or after January 1, 2019.

Finally, in the “European Commission Publishes Additional Background on Decision to Open State Aid Investigation into Nike” article, we review newly released materials in the European Commission’s formal investigation of certain tax rulings given to Nike which the European Commission is investigating as potential illegal state aid. 

We hope that you will find this and future issues of Duff & Phelps’ monthly transfer pricing newsletter informative and reliable.