Recent transfer pricing cases decided by the U.S. Tax Court include: in the early 1960s, the government adopted controlled provisions to combat foreign companies (action point 3) and these provisions have been revised over the years by legislative and regulatory amendments. Similarly, Section 163 (d) of the Internal Revenue Code has been in effect for many years to limit deductible interest payments from U.S. subsidiaries to foreign subsidiaries (point 4 of the stock). In addition, in the early 1990s, the government adopted important transfer pricing and documentation rules. These rules were updated in 2016 to make it mandatory to submit transnational reports (Treasury Regulation Section 1.6038-4). What are the public authorities that regulate transfer pricing and what are their powers? See Reg. No. 1.6662-6 (d) (2) (iii) (B) (B) contains the most important documents that must be kept by a subject to meet the requirement for documentation for transfer pricing. The documentation of 6662 (e) does not automatically protect against penalties. Documents must also be audited for adequacy and adequacy. To meet the requirement to document the sanctions rules, subjects must choose and apply a method appropriately and demonstrate that they have reasonably chosen and used the most appropriate method for their analysis.
Factors to be considered in assessing the adequacy of a tax payer`s transfer pricing documentation are described in the regulations. For example, a policyholder cannot rely on an inappropriate selection or use of a particular method to avoid penalties (for example. B inaccurate information, not seeking or taking into account enough material information, following the best method for choosing and applying the method, results that differ considerably from the result of arm length and which are considerable with respect to the controlled transaction, etc. that documentation 6662 (e) may be insufficient). Civil and criminal penalties may be sought for non-compliance with anti-avoidance provisions depending on the nature of the non-compliance. Section 6662 of the internal income code provides 20% and 40% penalties for certain transfer pricing adjustments, while Section 6662A imposes 20% and 30% precision penalties for defined categories of abusive and listed transaction tax avoidance transactions.