CA Jinesh Bhagdev

The Australian Senate has passed legislation on the application of transfer pricing rules, designed to ensure that multinational companies pay their ‘fair share’ of tax. The Tax Laws Amendment (Cross-Border Transfer Pricing) Bill (No. 1) 2012 was put forward before the house of Representatives in June 2012.

The bill confirms that the transfer pricing rules contained in Australia’s tax treaties, and incorporated into domestic law, provide assessment authority in treaty cases. Announcing the Bill’s passage, Assistant Treasurer David Bradbury explained that “profit-shifting can pose a serious threat to Australia’s revenue base. Transfer pricing rules are intended to prevent multinational companies from avoiding paying their fair share of tax by shifting their profits offshore”.

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In 2009, related party cross-border trade was valued at approximately AUD 270bn (USD280bn). This represented roughly 50% of Australia’s cross border trade flows.

“Robust transfer pricing rules make sure that Australia’s revenues are protected and large multinational companies pay their fair share of tax,” Bradbury stressed.

The changes apply to income years commencing on or after July 1, 2004. This was the first income year following parliament’s last statement detailing its understanding that the law operated in this way.

The Australian Transfer Pricing Amended Bill can be downloaded from the following link –

http://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r4815_first-reps/toc_pdf/12083b01.pdf;fileType=application%2Fpdf

The Author Can Be Contacted at jinesh@jbhagdev.com

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