International Tax

Transfer Pricing: Rules and Practice in Selected Countries (C-D) (Portfolio 6945)

  • This Portfolio presents the rules and practice related to transfer pricing in Canada, China, and Denmark.


Chapter 30, “Transfer Pricing Rules and Practice in Canada,” analyzes the operation of the Canadian transfer pricing rules and examines Canada’s rules relating to penalties, tax amnesty and interest on amounts in dispute. Transfer pricing compliance, litigation, advance pricing agreements, Competent Authority assistance, information reporting, and record keeping under the Canadian system are discussed in detail.

Chapter 40, Transfer Pricing Rules and Practice in China,” provides an overview of the current transfer pricing environment in the People’s Republic of China, highlighting in particular the key rules and practices introduced by new transfer pricing administrative guidance. The chapter is based on Ernst & Young’s Doing Business in China. The chapter provides basic information regarding the structure of taxation in China. The chapter also compares the transfer pricing practices of the State Administration of Taxation (SAT) with the Organization for Economic Cooperation and Development (OECD) Guidelines. The chapter addresses documentation and reporting requirements as well as the penalties and the administrative appeals process regarding transfer pricing adjustments. The chapter concludes with a discussion of the advance pricing arrangement (APA) process in place in China, followed by unofficial translations of selected guidance and forms in the Worksheets.

Chapter 45, “Transfer Pricing Rules and Practice in Denmark,” provides an overview of the Danish Tax system and administration and analyzes the basic Danish transfer pricing rules contained in §2 of the Tax Assessment Act, §3B of the Tax Control Act and §§34 and 35 of the Tax Administration Act. The chapter also describes other provisions of importance when analyzing transfer pricing issues. The methods applied by the Danish Tax Administration for examining intercompany transactions are explained as well as the administrative procedures to be followed in such matters. Issues concerning binding tax rulings, advanced pricing agreements, and mutual assistance are also discussed. Finally the chapter contains a description of the relevant customs provision and the interaction with the transfer pricing rules for direct tax purposes.

Table of Contents


Enacted Legislation

Transfer Pricing, Thin Capitalization Changes to 2012 Budget Enacted

Pending Legislation

Proposed Amendment on Related-Party Loan Guarantee Fees


TeleTech Canada Inc. v. Minister of National Revenue, 2013 FC 572

Canada v. GlaxoSmithKline Inc., 2012 SCC 52

Administrative Developments

Guidance on Referrals to the Transfer Pricing Review Committee

Guidance Endorsing 2010 Update of OECD Guidelines


Administrative Developments

SAT Releases Annual Advance Pricing Arrangement Report for 2012

SAT Institutes Joint Panel Review System for Large Transfer Pricing Adjustments


Enacted Legislation

Denmark Enacts Rules on Transfer Pricing Assurance Reports, PE Income Allocation, Company Tax Returns Disclosure

Detailed Analysis

Amanda Heale
Amanda Heale
Blake, Cassels & Graydon LLP
Christian Emmeluth
CPH LEX Advokater
David Chamberlain
David Chamberlain
Assistant Professor, Accounting and Tax
Orfalea College of Business, Cal Poly San Luis Obispo
Ilana Ludwin
Ilana Ludwin
Tax Associate
Osler, Hoskin & Harcourt LLP
Joanne Su
Senior Transfer Pricing Partner
Ernst & Young (China)
Luis Coronado
Partner, Asia Pacific Transfer Pricing Leader - International Tax Services
Ernst & Young Solutions LLP
Patrick Cheung
KPMG China
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