Abstract
The article is a comment to Conceptualising the behaviour of MNEs, Tax Authorities and Tax Consultants in respect of transfer pricing practices. A three-layer analysis, by Wealth, Smulders, and Mpofu (https://doi.org/10.1515/ael-2022-0036). The latter deals with transfer pricing but in the African perspective while the most part of articles frequently analyze the issue from the point of view of most developed and OECD (Organisation for Economic Co-operation and Development) countries. The paper focuses on the qualities of the commented article and proposes a resume on the state of art of the complex recent reforms of transfer pricing rules disposed by the OECD.
Acknowledgments
Andrea Musselli holds a Master’s degree in Economic and Commerce and a Master’s degree in Law. He is Tribunal expert in valuation of firms and International tax law and Partner at Studio Musselli, Milan. The author would like to thank prof. Yuri Biondi and an anonymous reviewer for their kind and valuable comments.
References
Andrus, Collier. 2017. Transfer Pricing and the Arm’s Length Principle After BEPS. Oxford: Oxford Press.10.1093/law/9780198802914.001.0001Search in Google Scholar
Avi-Yonah, R. S. 2007. The Rise and Fall of Arm’s Length: A Study in the Evolution of U.S. International Taxation. Univ. of Michigan Law & Economics Working Papers Archive: 2003–2009.10.2139/ssrn.1017524Search in Google Scholar
Avi-Yonah, R. S. 2022. “W(h)ither the Arm’s-Length Principle?” Tax Notes International, Oct. 31, 2022, 577 (review of Andrea Musselli, Tax Transfer Pricing Under the Arm’s Length and Sale Country Principles).Search in Google Scholar
Avi-Yonah, R. S. 2024. “European Union/OECD/International – Klaus Vogel Lecture 2023: The Past, Present and Future of Destination-Based Income Taxation.” Bulletin for International Taxation 78 (2). https://doi.org/10.59403/2q3nwnr.Search in Google Scholar
Biondi, Yuri. 2017. “The Firm as an Enterprise Entity and the Tax Avoidance Conundrum: Perspectives from Accounting Theory and Policy.” Accounting, Economics, and Law: A Convivium 7 (1): 20170001. https://doi.org/10.1515/ael-2017-0001.Search in Google Scholar
Biondi, Yuri. 2023. “Corporate Control and Exceptions to Minimum Corporate Taxation: A Step toward Fairness or Financialisation?” Accounting, Economics, and Law: A Convivium 13 (4): 407–15. https://doi.org/10.1515/ael-2022-0054.Search in Google Scholar
Brittingham, Butler. 2013. “OECD Report on Base Erosion and Profit Shifting: Search for a New Paradigm or Is the Proposed Tax Order a Distant Galaxy Many Light Years Away?” International Transfer Pricing Journal 20 (4). https://doi.org/10.59403/21m2ren.Search in Google Scholar
Büttner, Tim, and Matthias. Thiemann. 2017. “Breaking Regime Stability? The Politicization of Expertise in the OECD/G20 Process on BEPS and the Potential Transformation of International Taxation.” Accounting, Economics, and Law: A Convivium 7 (1): 20160069. https://doi.org/10.1515/ael-2016-0069.Search in Google Scholar
Collier, Dykes. 2022. “On the Apparent Widespread Misapplication of the OECD Transfer Pricing Guidelines Risk and Post-BEPS Problems for the Arm’s Length Principle.” Bulletin for International Taxation 76 (1). https://doi.org/10.59403/3c7s063.Search in Google Scholar
De Mooij, R., L. Liu, and D. Prihardini. 2019. “(Authorized by M. Keen), An Assessment of Global Formula Apportionment, October 2019.” IMF (International Monetary Fund) Working Paper.10.2139/ssrn.3482296Search in Google Scholar
Devereux, M., and M. Simmler. 2021. “Who Will Pay Amount A?” In European Network for Economic and Fiscal Policy Research.Search in Google Scholar
Dharmapala, Riedel. 2012. Earnings Shocks and Tax-Motivated Income-Shifting: Evidence from European Multinationals. CESifo Working Paper: Public Finance, No. 3791.10.2139/ssrn.2045989Search in Google Scholar
Durst, M. 2019. Taxing Multinational Business in Lower-Income Countries: Economics, Politics and Social Responsibility. First published by the Institute of Development Studies in 2019 on p. 54. https://www.ictd.ac/publication.Search in Google Scholar
Fuest, C., C. Spengel, J. Heckemeyer, K. Finke, and H. Nusser. 2013. “Profit Shifting and “Aggressive” Tax Planning by Multinational Firms: Issues and Options for Reform.” World Tax Journal 5 (3).10.59403/wv8q3Search in Google Scholar
Johansson, A., Ø. Bieltvedt Skeie, S. Sorbe, and C. Menon. 2016. Tax Planning by Multinational Firms: Firm-Level Evidence from a Crosscountry Database Economics Departments OECD Working Papers No. 1355 ECO/WKP(2016)79.Search in Google Scholar
Kuźniacki, Błażej. 2017. “Tax Avoidance through Controlled Foreign Companies under European Union Law with Specific Reference to Poland.” Accounting, Economics, and Law: A Convivium 7 (1): 20150018. https://doi.org/10.1515/ael-2015-0018.Search in Google Scholar
Musselli, A. 2022. “Tax Transfer Pricing under the Arm’s Length and the Sale Country Principles.” In IlSole24oreprofessional e-book Adobe Digital and Kindle Editions.Search in Google Scholar
Musselli, A., and A. Musselli. 2012. “International – Saving Arm’s Length Pricing: From Economists’ Myths of Tax Avoidance by Taxpayers, to the Reality of Uncertain Application of Rules.” International Transfer Pricing Journal 19. https://doi.org/10.59403/cz3219.Search in Google Scholar
Musselli, A., and A. C. Musselli. 2017. “Rise of a New Standard: Profit Location in Countries of Important Intangible Functions Managers.” International Transfer Pricing Journal 24 (5) (at paragraph 10). https://doi.org/10.59403/2mphdaf.Search in Google Scholar
OECD. 2015. Aligning Transfer Pricing Outcomes with Value Creation, Actions 8–10 – 2015 Final Reports, OECD/G20 Base Erosion and Profit Shifting Project. OECD Publishing.Search in Google Scholar
Oguttu, A. W. 2016. “Tax Base Erosion and Profit Shifting in Africa-Part 1’s Response to the OECD BEPS Action Plan.” ICTD Working Paper 54.10.2139/ssrn.3120328Search in Google Scholar
Overesch, M. 2006. Transfer Pricing of Intrafirm Sales as a Profit Shifting Channel – Evidence from German Firm Data. ZEW Discussion Paper 06-08.10.2139/ssrn.955758Search in Google Scholar
Quentin, David. 2017. “Corporate Tax Reform and “Value Creation”: Towards Unfettered Diagonal Re-allocation across the Global Inequality Chain.” Accounting, Economics, and Law: A Convivium 7 (1): 20160020. https://doi.org/10.1515/ael-2016-0020.Search in Google Scholar
Wealth, Eukeria, Sharon A. Smulders, and Favourate Y. Mpofu. 2025. “Conceptualising the Behaviour of MNEs, Tax Authorities and Tax Consultants in Respect of Transfer Pricing Practices – A Three-Layer Analysis.” Accounting, Economics, and Law: A Convivium 15(2). 155–184.10.1515/ael-2022-0036Search in Google Scholar
© 2024 CONVIVIUM, association loi de 1901
Articles in the same Issue
- Frontmatter
- Tax Enforcement and Dispute Resolution: National and International Challenges
- Conceptualising the Behaviour of MNEs, Tax Authorities and Tax Consultants in Respect of Transfer Pricing Practices – A Three-Layer Analysis
- Will Proclaimed Changes to Multinationals’ Taxation Have an Actual Effect and What Will Really Change for Africa?
- Collection of Taxes from Ultimate Beneficiaries: Russian Regulatory Model
- Transfer Pricing Audit Challenges and Dispute Resolution Effectiveness in Developing Countries with Specific Focus on Zimbabwe
- International Tax Avoidance and the Controlled Foreign Company (CFC) rule
- Legal Form or Unfair Substance? A Symposium Around the Controlled Foreign Company (CFC) Rule
- The Relationship between Taxation, Accounting and Legal Forms
- Why Tax Planning Without Considering Societal Interests is Unfounded
- The (Social) Tasks of Business Tax Research and the Binding Effect of the Statutory Tax Burden Decision
Articles in the same Issue
- Frontmatter
- Tax Enforcement and Dispute Resolution: National and International Challenges
- Conceptualising the Behaviour of MNEs, Tax Authorities and Tax Consultants in Respect of Transfer Pricing Practices – A Three-Layer Analysis
- Will Proclaimed Changes to Multinationals’ Taxation Have an Actual Effect and What Will Really Change for Africa?
- Collection of Taxes from Ultimate Beneficiaries: Russian Regulatory Model
- Transfer Pricing Audit Challenges and Dispute Resolution Effectiveness in Developing Countries with Specific Focus on Zimbabwe
- International Tax Avoidance and the Controlled Foreign Company (CFC) rule
- Legal Form or Unfair Substance? A Symposium Around the Controlled Foreign Company (CFC) Rule
- The Relationship between Taxation, Accounting and Legal Forms
- Why Tax Planning Without Considering Societal Interests is Unfounded
- The (Social) Tasks of Business Tax Research and the Binding Effect of the Statutory Tax Burden Decision