Transfer Pricing and Financing. Este artículo no está disponible.Transfer Pricing and Financing

In recent years, the interpretation and implementation of transfer pricing regulations of intra-group transactions involving financing functions increased exponentially as one of the main priorities of both taxpayers and governments. This topic has also attracted the attention of international organizations since 1972, whereby an extensive guidance has been rendered by the OECD in the Transfer Pricing Guidance on Financial Transactions that became Chapter X of the OECD Transfer Pricing Guidelines in February 2020. Not long after, the United Nations included these topics in Chapter 9 of its Practical Manual for Developing Countries in 2021. This book’s comprehensive approach to the practical application of transfer pricing rules to specific types of financing transactions ensures an in-depth understanding of the taxation of these transactions between related parties.

 Chapters contributed by renowned academics and practitioners based also on the work of international organizations elucidate the complex interaction between transfer pricing and the following types of intra-group financial transactions:

•  loans;

• financial guarantees;

• cash pooling;

• hybrid financing;

• factoring;

• captive insurance; and

• asset management.

Each contribution contains a balanced mix of theoretical understanding and practical examples, including case studies and references to key case law.

Aware that legal certainty in this area remains unachievable despite the relevant work so far of the OECD and the UN, this book aims to alleviate this deficiency with principle-based and practical knowledge on transfer pricing applied to financial transactions. Tax lawyers, in-house tax counsel, tax authorities, international organizations, business communities, advisory firms, and academics will welcome this matchless overview and guide to one of the most important topics in international taxation.

Dr Raffaele Petruzzi, LLM, is the Managing Director of the WU Transfer Pricing Center at the Institute for Austrian and International Tax Law at WU (Vienna University of Economics and Business), Austria, and an advisor specializing in international tax and transfer pricing. Raffaele has gained extensive experience in dealing with topics related to international tax and transfer pricing for many years, from both a professional and an academic side. On the professional side, he regularly advises clients across numerous industries on specific topics (e.g., international tax and transfer pricing issues related to services, permanent establishments, financing, business restructuring, intangibles, indirect taxes, valuation of companies and intangible assets), international tax and transfer pricing risk management and compliance, optimization of international tax structures, implementation of mechanisms of dispute avoidance (e.g., rulings and APAs) and dispute resolution (e.g., MAPs and arbitrations), and tax audit defence. On the academic side, he is a frequent speaker at international conferences and lecturer of numerous courses all over the world, as well as an author of many publications. Moreover, he regularly cooperates with professionals in advisory, the business community, governments and international organizations (e.g., OECD, United Nations, World Bank Group, International Monetary Fund, and European Commission). Inter alia, he regularly provides assistance on tax policy issues, capacity building for tax administrations, and advises governments on projects related to fight against tax evasion. Finally, among others, he is a member of the United Nations Subcommittee on Transfer Pricing, of the International Fiscal Association (IFA), and of Transfer Pricing Economists for Development (TPED). Raffaele holds a Ph.D. in International Business Taxation at WU, Austria; an LLM in International Tax Law at WU, Austria; and an MSc in Business Administration and Law at Bocconi University, Italy. Raffaele has contributed to Chapter 1 of this book. Prof. Dr DDr h.c. Michael Lang is the Head of the Institute for Austrian and International Tax Law of WU (Vienna University of Economics and Business), Austria and academic director of both the LLM Programme in International Tax Law and the Doctoral Programme in International Business Taxation (DIBT) of this university. He is the president of the Austrian branch of the International Fiscal Association (IFA) and has been a visiting professor at Georgetown University, United States; New York University, New York; Sorbonne University, Paris; Bocconi University, Milan; Peking University (PKU), China; University of New South Wales, Sydney; and others.