Since 1995 the Organization for Economic Cooperation and Development (OECD) is the main international legal instrument for regulating the taxation treatment of transfer prices.
On July 18, 2011 the federal law N227-FZ "About modification of separate legal acts of the Russian Federation in connection with enhancement of principles of determination of the prices for the purpose of the taxation" was passed.
The Tax code of the Russian Federation was supplemented by the Section V.1 "Interdependent persons. General provisions on the prices and taxation. Tax control in connection with transactions between interdependent persons. Agreement on pricing."As of January 1, 2014, transactions between interrelated parties that are executed after January 1, 2014, in which one of the parties is not a tax resident of the Russian Federation, are controlled - even if the amount of the transaction is only one Ruble.Further Information and detailed Explanations can be found in the letters of the Ministry of Finance of the Russian Federation with the numbers No. 03-01-18/7-135 from October 3, 2012 andNo. 03-01-18/1-17 from January 18, 2014.
OOO "Dr. Voigt& Partner Audit" is experienced in providing consultations in the field of transfer pricing. The following services are included:
Analysis of the documentation
The analysis of documentation regarding compliance to the current legislation including regarding the applied method.Identification and analysis of controlled transactions
Analysis of the primary documentation of completed transactions and the identification of controlled transactions among them.
Separation of transactions into homogeneous groups, for which a standardized documentation will be prepared..Selection of a pricing method
Justification of the pricing method selected for each group of homogenous transactions.
Research on comparable transactions based on available sources of information sources or transactions completed within the group and their analysis.
Determination of the main characteristics of activity for a person that completed a controlled transaction
We compare and describe the commercial and/or financial conditions of transactions, and perform a functional analysis as well as a correction of financial indicators, if necessary.
The economic analysis depends on the applied method, but in practice data from the source "spark-interfax" is most commonly used.
- Establishing a market interval for the net profit margin of comparable transactions
- Preparation of a working paper for the determination of the net profit margin of controlled (analysed) transactions
An analysis of the risks of the applied pricing method and subsequent consultation on the correction of the group's pricing policy in order to minimize risks.Consultation on difficult issues regarding the justification of the applied pricing method
- Pricing in Services and Transactions concerning the purchase of commodities
- Choice of Pricing Methods and Sources of Information Regarding Visible Trade
- Pricing in Financial Transactions (Loans and Guarantees)
- Pricing in Transactions Involving Intangible Assest
Support in preparing the notification of controlled transactions and the documentation for the tax authorities as recommended by the Federal Tax Service and the Ministry of Finance.