Fundamentals of International Transfer Pricing in Law and Economics
The taxation of multinational corporate groups has become a major concern in the academic and political debate on the future of international taxation. In particular the arm’s length standard for the determination of transfer prices is under increasing pr
- PDF / 3,193,852 Bytes
- 308 Pages / 439.37 x 666.14 pts Page_size
- 81 Downloads / 273 Views
MPI Studies in Tax Law and Public Finance Volume 1
Edited by Kai A. Konrad Wolfgang Schön
Wolfgang Schön • Kai A. Konrad (Editors)
Fundamentals of International Transfer Pricing in Law and Economics
Editors Prof. Dr. Wolfgang Schön Prof. Dr. Kai A. Konrad Max Planck Institute for Tax Law and Public Finance Munich Germany
ISBN 978-3-642-25979-1 e-ISBN 978-3-642-25980-7 DOI 10.1007/978-3-642-25980-7 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2012932593 c Springer-Verlag Berlin Heidelberg 2012 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
Taxation of multinational corporate groups has become a major concern in the academic and political debate on the future of domestic and international tax law. This is particularly true in the field of transfer pricing where the arm’s-length standard has provided a widely used yardstick for decades but has come under increasing pressure in recent years. In July 2010 the U.S. Congress held a hearing on the use of transfer prices for profit shifting to the detriment of the U. S. corporate tax base. In March 2011 the European Commission has published its draft directive on a Common Consolidated Corporate Tax Base which is meant to do away with the traditional transfer pricing regime within the European Union, using formulary apportionment as an alternative mechanism for the allocation of taxing rights among its Member States. Case law in major jurisdictions shows the increasing complexity of transfer pricing analysis, in particular in the field of intangibles, capital and risk allocation. Against this background, the Max Planck Institute for Tax Law and Public Finance held an interdisciplinary conference in December 2010 on the fundamentals of transfer pricing in law and economics. The papers presented at this conference are (to a large extent) assembled in this book. Starting from the basic function of transfer prices to steer efficient allocation of resources within a multi-unit firm, the different aspects of transfer pricing under tax law (and corporate law) are explored, addressing also mutual distortions between the tax and the non-tax goa
Data Loading...
