The ATO is currently focusing on reviewing arrangements involving the use of offshore procurement hubs that source goods on behalf of Australian resident multinational enterprises (MNEs).
In the most recent Tax Payer Alert TA 2015/5, the ATO announced that is focusing on structures where the procurement hub offshore is sourcing goods on behalf of the Australian MNE and is also receiving services from another related party entity located offshore (Service hub).
The main concern of the ATO is that Australian resident MNEs are entering into offshore procurement structures where there is no commercial justification for performing the procurement function into two separate entities offshore.
The ATO is concerned about the implementation of this type of arrangements and application of the controlled foreign company (CFC) rules, the transfer pricing rules and Part IVA of the Income Tax Assessment Act 1936. Arrangements involving the outbound supply of goods by offshore hubs are also likely to attract some attention.
If you are currently considering entering into procurement hubs arrangements, it is recommended:
If you are considering implementing procurement hubs please contact Transfer Pricing Solutions for assistance on +61 (3) 5911 7001 or email@example.com www.transferpricingsolutions.com.au
Thec Covid-19 pandemic has triggered the most severe recession and is causing enormous damage to the world economy. The economic downturn will impact a group’s transfer prices, analysis and documentation, more so with the BEPS Action Plans in place and the high level of transfer pricing scrutiny across the globe.
JobKeeper forms part of taxable income in the tax return. Makes sense, it is a subsidy against wages, so I am sure there are no surprises there, but how do you assess the arm’s length financial outcomes of the entity for transfer pricing purposes?
The ATO expect that Australian entities will retain the benefit of the JobKeeper payment they receive. So how do you treat the JobKeeper payments for transfer pricing purposes?