The Danish Transfer Pricing Documentation Requirements

Similar documents
Guide to Establishing a Business in Denmark

Transfer Pricing Country Summary Japan

Ministry of the Economy, Finance and Industry OFFICIAL TAX BULLETIN. General Tax Directorate 4 A No. 171 of 17 September A/1211

OECD BEPS Project - Impact on UK tax law. Munich, 21 April 2016

Related party transactions Section 34D has been enacted recently in the SITA to legislatively endorse the arm slength

Executive Summary. Summary of the National IT and Telecom Agency's 'Analysis of prices and costs for mobile data services abroad'

TAX DEVELOPMENTS IN POLAND UPDATE 2009

Annual International Bar Association Conference Tokyo, Japan. Recent Developments in International Taxation. Portugal. Guilherme Figueiredo

Hong Kong * 505 IBFD. * Contributed by Ying Zhang, IBFD.

Denmark Takeover Guide

BEPS within the EU Framework Compatibility and Implementation

Doing business in Sweden.

September Manual for Transfer Pricing Documentation and Country-by-Country Reporting

Implementing a Diverted Profits Tax

TRADING UPDATE. esoft systems

Intellectual Property Management Why Luxembourg is a good idea

Taiwan e-tax Alert. Issue 37 April 7, 2014

LATVIAN CONSTRUCTION COMPANIES DOING BUSINESS IN NORWAY

Head North, Mobile Executives! Special Tax Advantages in the Nordic Countries

Luxembourg..Tax Regime. for Intellectual Property Income

Tax highlights. Key developments this week. 10 November Contents:

EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Value Added Tax

TRANSFER PRICING DOCUMENTATION REQUIREMENTS

June 2009 THE DANISH ACT ON PUBLIC AND PRIVATE LIMITED LIABILITY COMPANIES AMENDMENTS

Crowdfunding and Tax Consequences

Thinking Beyond Borders

39. Indonesia. International Transfer Pricing 2013/14

Setting up your Business in Australia Issues to consider

Budget 2016 CHANGES IN DUTCH TAXATION FOR sconti.com

Aarhus University. Ph.d. scholarship studying abroad. Autumn 2014 SKAT, Virksomhedsvejledning, Aarhus

Recent developments regarding Mexico s tax treaty network and relevant court precedents

Fact Sheet No.14 Corporate Tax and Depreciation

Article 26 (Exchange of Information) of the Protocol to the Double Tax Treaty between Cyprus and Russia

COVER PAGE. Claim for the refund, exemption or application of the reduced tax rate on income paid to non-residents

Understanding the international tax challenges of software as a service and cloud computing

Setting up your Business in the UK Issues to consider

Announcement of prospectus and offer to the shareholders of CSE

URL:

70. Switzerland. Other regulations

Transfer Pricing Country Summary Australia

Module II: Corporate Tax Planning Update: Mexico

Legal Guide to Forming a Corporation in Luxembourg

Share redemption 2016

How To Get A Tax Treaty With Luxembourg

Flash Alert. Monthly Summary (December 2014) Flash Alerts

Jordans Trust Company Limited Experts in creating and managing UK and Offshore companies and trusts

Legal, tax and business differences in company

Spain Tax Alert. Corporate tax reform enacted. Tax rate. Tax-deductible expenses. International Tax. 2 December 2014

Thinking Beyond Borders

Mexico. Key messages Extended business travelers are likely to be taxed on employment income relating to their Mexican workdays.

INTERNATIONAL TAX COMPLIANCE FOR GOVERNMENT CONTRACTORS

REGULATORY OVERVIEW. PRC Laws and Regulations Relating to the Product Liability

Open Knowledge Foundation Limited. Report and Accounts. 31 May 2009

Global Transfer Pricing Review

European Tax Newsalert A Washington National Tax Services (WNTS) Publication Portugal December 20, 2011

Greece New Tax Laws Aim to Raise More Revenue. Law No In This Issue: March 4,

TAXATION OF INTEREST, DIVIDENDS AND CAPITAL GAINS IN CYPRUS

Submission to the Department of Finance on The Taxation of Corporate Groups

14. Corporate Tax and Depreciation

Pacific Association of Tax Administrators (PATA) Transfer Pricing Documentation Package

Offer to the shareholders for the buy-back of Class B shares

Recogni4on of programmes accredited by cross border QA procedures The legal of recognibon of programmes and joint programmes in recognibon The

MALTA: A JURISDICTION OF CHOICE

Thinking Beyond Borders

Greece Country Profile

MAJOR PRACTICE AREAS CHECKPOINT WORLD

TTN Conference Buenos Aires Major International Tax Aspects of the Chilean Tax Reform

G E N C S V A L T E R S L A W F I R M B A L T I C T A X C A R D

2013 Thinking Beyond Borders

The Advantages of the UK as a Location for a Holding Company. David Gibbs May 2015

1. Introduction Business profit tax Resident airlines Non-resident airlines... 3

Is Section 10d of the Corporate Income Tax Act consistent with Article 9 of the OECD Model Tax Convention?

ABA Section of International Law 2006 Spring Meeting 5 8 April 2006, New York

TRANSFER PRICING IN SPAIN AND INTERNATIONAL RULINGS

INTERNATIONAL TIDBIT: Reporting Foreign Investments New Requirements for the 2013 Tax Year

TAX PLANNING INTERNATIONAL

Share redemption programme

Global Transfer Pricing Review

The use of Cyprus structures in international tax planning

450 Lexington Ave 1350 I Street, NW Suite 3320 Suite 1100 New York, NY Washington, DC 20005

15 Double Taxation Relief

Information about EU/EEA shipping companies possibilities of having ships registered in the Danish International Ship Register

EFFECTIVE INTERNATIONAL INTELLECTUAL PROPERTY STRATEGIES TO MITIGATE U.S. TAXES

Evolution of Territorial Tax Systems in the OECD

FOREIGN ASSET REPORTING

HOST GLOBAL LIMITED Financial Accounts

EU Initiatives Regarding Aggressive Tax Planning Danmarks Skatteadvokater 26. May CORIT

Diverted Profits Tax: Guidance

Background and introduction

Real estate acquisition structures in Europe: the main tax issues

General Communication with Tax Authorities in friendly or unfriendly ways

OECD Tax Alert. BEPS action 2: Neutralizing the effects of hybrid mismatch arrangements. OECD proposals. International Tax. 16 October 2015.

INFORMATION SHEET NO.54. Setting up a Limited Liability Company in Poland December 2008

Thinking Beyond Borders

Corporate Tax Implications of Denmark s Unilateral Termination of its Tax Treaties with France and Spain

Guide to Going Global TAX 2015

Australia Tax Alert. Budget targets debt funding by multinationals. Thin capitalization rules. International Tax. 15 May 2013.

TURKEY CORPORATE TAX (KURUMLAR VERGISI) The basic rate of corporation tax for resident and non-resident companies in Turkey is 20%.

Belgium in international tax planning

GETTING STARTED IN DENMARK

Transcription:

The Danish Transfer Pricing Documentation Requirements Dansk-Tysk Handelskammer 8th of May 2014 Philip Noes, legal advisor SKAT (The Danish Tax Administration)

History In Denmark a dedicated transfer pricing regime was first introduced in 1998 In short the regime consisted of The application of the arms length principle Specific transfer pricing documention requirements A mandatory form called no. 05.021/05.022 In principle the same rules apply today but with some amendments Side 2

Arms s Length Principle The arms length principle is defined in art. 9 of the OECD Model Tax Convention/in the OECD Transfer Pricing Guidelines and the Danish legislation and practice comply with this definition Side 3

Who has to comply with the ALP Taxpayers over which natural or legal persons exercise a controlling influence i.e.> 50% of the share capital or > 50% voting rights which exercise a controlling influence over legal persons which are affiliated with a legal person i.e. legal persons where the same group of shareholders have a dominant position or where there is a mutual management which have a permanent establishment abroad which are a foreign natural or legal person with a permanent establishment in Denmark, or which are a foreign natural or legal person with hydrocarbon-related activities Side 4

The Threshold The TPD requirements include both controlled transactions between DK/DK group companies and between DK/a foreign country group company However in both situations a threshold has to be passed: If the group as a whole (i.e. not only the Danish entity of the group) has less than 250 employees and» either a total balance of less than DKK 125 mio. (app. 17 mio. ) or a turnover less than DKK 250 mio. (app. 34 mio.) Then a transfer pricing documentation must be prepared only for controlled transactions with group entities (including a PE) situated (1) in countries without a double taxation convention with DK and (2) this/these country/countries must not be an EU member state Side 5

The TPD requirements The taxpayer must prepare and keep written documentation for the prices and terms set for the controlled transactions Side 6

What is SKAT looking for Basically the transfer pricing documentation must provide SKAT with the information nescessary to assess whether or not the arms length principle has been applied (correct) Side 7

The TPD requirements, cont. The TPD has to be prepared for each year (ready when filing your tax return) but you only have to forward it on SKATs specific request and then you will have a 60 days deadline When a TPD for a given year has been prepared you only have to make the nescessary amendments for the following years to keep it up to date Side 8

The TPD requirements, cont. The requirements are specified in BEK (executive order) no. 42. 24 th January 2006 and in SKATs Legal Guide: Information on the group and its commercial activities Legal structure, organizational structure, a historic overview, the line of business, turnover and EBIT for the last three years for the company in question and the controlled entities it has dealt with Information on the controlled transactions Types of transactions, their volume, cost contribution arrangements etc. A comparability analysis Characteristics of property or services, a functional analysis, the contractual terms, the economic circumstances and the business strategies A list of any written intercompany agreements Language requirements: Danish, Swedish, Norwegian or English Side 9

The scope The scope of the documentation depends on the scope and complexity of the enterprise and the controlled transactions Side 10

Comparability analysis - the use om databases SKAT can only require a database examination as part of a tax audit Side 11

Different TPD concepts DK has its own TPD requirement You are welcome instead to forward a TPD based on the EU TPD concept (master file and a country specific file) Side 12

Penalty regime Penalties if a company does not comply with the TPD requirements (not form 05.022) Skattekontrollovens 17 (The Tax Control Act) A fixed penalty (DKK 250.000 (app. 34.000)) and 10% of a (possible) following income adjustment Side 13

Information available Where can I read about it? Basically there is a language issue SKATs website: www.skat.dk> Virksomhed > transfer pricing > Transfer pricing in English SKATs Juridiske Vejledning ( Legal Guide ) which endeavor to describe (in short) the legal practice on most taxation issues not only on transfer pricing Side 14