Transfer Pricing - Documentation Requirement

Indian Transfer Pricing – Documentation Requirement

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Indian Transfer Pricing – Documentation Requirement

The Income Tax Act provides that every person entering into an international transaction or specified domestic transaction shall obtain a report from a Chartered Accountant in the prescribed form and furnish the same to the Income Tax Department. Penalty for failure to furnish a report from a Chartered Accountant in the manner provided above is Rs. 1,00,000. In this article, we look mainly at the documentation that is required to be maintained by entities entering into international transactions with related parties (Read about Transfer Pricing).

Documentation Requirement for Transfer Pricing

  1. A detailed description of the ownership of the entity with details of shares or other ownership interests held therein by other enterprises.
  2. A profile of the multinational group of which the entity is a part along with the name, address, legal status and tax residence of each of the enterprises comprised in the group with whom specified domestic transactions have been entered into by the entity and ownership linkages among them.
  3. A broad description of the business of the entity and the industry in which the entity operates, and of the business of the associated enterprises with whom the entity has transacted.
  4. The nature and terms (including prices) of specified domestic transactions entered into with each associated enterprise, details of property transferred or services provided and the quantum and the value of each of such transaction or class of such transaction.
  5. A description of the functions performed, risks assumed and assets employed or to be employed by the entity and by the associated enterprises involved in the specified domestic transaction.
  6. A record of the economic and market analyses, forecasts, budgets or any other financial estimates prepared by the entity for the business as a whole and for each division or product separately, which may have a bearing on the specified domestic transactions entered into by the entity.
  7. A record of uncontrolled transactions taken into account for analysing their comparability with the specified domestic transactions entered into, including a record of the nature, terms and conditions relating to any uncontrolled transaction with third parties which may be of relevance to the pricing of the specified domestic transactions.
  8. A record of the analysis performed to evaluate comparability of uncontrolled transactions with the relevant specified domestic transaction.
  9. A description of the methods considered for determining the arm’s length price in relation to each specified domestic transaction or class of transaction, the method selected as the most appropriate method along with explanations as to why such method was so selected, and how such method was applied in each case.
  10. A record of the actual working carried out for determining the arm’s length price, including details of the comparable data and financial information used in applying the most appropriate method, and adjustments, if any, which were made to account for differences between the specified domestic transaction, and the comparable uncontrolled transactions, or between the enterprises entering into such transactions.
  11. The assumptions, policies and price negotiations, if any, which have critically affected the determination of the arm’s length price.
  12. Details of the adjustments, if any, made to transfer prices to align them with arm’s length prices determined under the Income-tax Rules and consequent adjustment made to the total income for tax purposes.
  13. Any other information, data or document, including information or data relating to the associated enterprise, which may be relevant for determination of the arm’s length price.

Penalty for Failing to Furnish Chartered Accountant Report

Entities entering into an international transaction are required to obtain a report from a chartered accountant. Failure to furnish a report from chartered accountant can attract a penalty of Rs. 1,00,000.

Penalty for Not Maintaining Documents

As mentioned above, entities entering into international transactions are required to maintain certain documents as listed above. Failure to maintain such document or failure to report or furnishing incorrect information can attract a penalty of upto 2% of the value of each transaction, where non compliance exists.

Penalty for Not Producing Documents

Tax authorities may, in the course of any proceeding, require any person who has entered into international transactions to furnish any related information or document. The taxpayer must furnish such information or document within a period of 30 days from the date of receipt of a notice. Failure to furnish information can attract a penalty equal to 2% of the value of the specified transaction for each such failure.

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