International Tax

Transfer Pricing: Rules and Practice in Selected Countries (A-B) (Portfolio 6940)

  • This portfolio presents the rules and practice related to transfer pricing in Australia, Austria, Belgium, and Brazil.


Chapter 10, “Transfer Pricing Rules and Practice in Australia,” describes the transfer pricing rules in Australia and discusses the way in which those rules are applied by the Australian tax authorities. The chapter addresses the expectations of taxpayers with respect to the documentation of transfer pricing arrangements, the manner in which taxpayers are selected for examination, the penalty regime, and defenses against transfer pricing adjustments. The treatment of tax losses, reliance on experts, Competent Authority processes, the relationship between transfer pricing and customs issues, and the limited case history in Australia are also discussed.

Chapter 20, “Transfer Pricing Rules and Practice in Belgium,” analyzes the main Belgian provision for transfer pricing adjustments (Article 26 of the Belgian Income Tax Code, dealing with the so-called abnormal or benevolent advantages) as well as the provisions to challenge tax avoidance through “tax havens” (Articles 54 and 344 paragraph 2 ITC). The chapter also discusses in detail the guidance provided by the Belgian tax authorities and summarizes the ruling practices and ruling procedure. The first part includes the application of the different transfer pricing provisions to specific intragroup transactions, such as the transfer of (in)tangible assets, waiver of a debt claim, financing agreements, and intragroup services. The second and third parts describe the audit practice from a transfer pricing perspective and give a brief overview of the compatibility of the Belgian domestic transfer pricing provisions with double tax treaties. The final part discusses procedures for preventing the double taxation that can result from transfer pricing adjustments, with special attention to the EU Arbitration Convention as well as to the relevant Belgian materials.

Chapter 25, “Transfer Pricing Rules and Practice in Brazil,” describes the transfer pricing rules in Brazil, their practical application to Brazilian taxpayers, and the effect of those rules in competent authority proceedings. The chapter places particular emphasis on a comparison of those rules with the OECD transfer pricing guidelines and discusses in some detail the likely legality of the rules as currently written under the Brazilian Federal Constitution.

Table of Contents


Enacted Legislation

Tax Laws Amendment (Cross-Border Transfer Pricing) Bill (No. 1) 2012 Enacted


Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013 Enacted

Administrative Developments

ATO Releases International Dealings Schedule 2012

ATO Releases Reportable Tax Positions Schedule for 2011-12

Inspector General of Taxation Launches Review into ATO Handling of Transfer Pricing Matters

Board of Taxation To Study Adopting OECD Approach to Attributing Profits to Permanent Establishments


Enacted Legislation

Measure Imposing Withholding Tax on Certain Income Attributed to Non-Residents

Belgian Legislation Amends Thin Capitalization Rules


Court Decision on a Company’s Minimum Taxable Base

Administrative Developments

Belgium’s Tax Administration Increases Transfer Pricing Audits


Enacted Legislation

Brazil Amends Transfer Pricing Rules For Intercompany Loans

Brazil Amends Transfer Pricing Rules For Financial Transactions

Administrative Developments

Brazil’s Ministry of Finance Issues Interest Rate Spreads for Cross-Border Loans

Brazil Revenue Authority Issues Transfer Pricing Regulations

Brazil Revenue Authority Issues Transition Rules for Transfer Pricing Regulations

Brazil Revenue Authority Publishes Reporting Requirements

U.S.-Brazil TIEA In Force

Detailed Analysis

Brent Decoster
Brent Decoster
PwC Belgium
Herbert Greinecker
Partner, Tax
PwC Österreich
Isabel Verlinden
Isabel Verlinden
Global Head, Transfer Pricing
PwC Belgium
John Bland
John Bland
Principal (retired Partner)
Deloitte Australia
Lionel Nobre
Vice President, LATAM Tax
Dell Technologies
Marianna Dozsa
Director, Transfer Pricing
PwC Österreich
Martina Gruber
Martina Gruber
Manager, Transfer Pricing & Corporate Tax
PwC Austria
Stefaan De Baets
Stefaan De Baets
Senior Counsel, Transfer Pricing
PwC Belgium
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