11 Jun 2020
The last decade was defined by a range of international tax and transfer pricing developments which came about due to the Base Erosion and Profit Shifting ("BEPS") Action Plans. Although the BEPS Action Plans were finalised in 2016, a key aspect – on financial transactions - was largely left untouched. In February 2020, the guidance on financial transactions was finally released by the OECD. Such guidance was consistent with both Action Plan 4 (Limiting Base Erosion involving Interest Deductions and Other Financial Payments) as well as the broader Transfer Pricing Guidelines.
The OECD's Guidance on Financial Transactions is timely given the current economic situation that has come about due to COVID-19. While the guidance provides specific considerations for intercompany lending, it also expands on the role and analysis of the treasury functions by looking at transactions involving hedging, cash pooling and financial guarantees. Furthermore, it also provides detailed guidance on how arm's length pricing for captive insurance and re-insurance should be undertaken.
This is a significant step by the OECD towards providing an all-inclusive guidance on financial transactions, and clearly signifies that the OECD expects to see marked progress by multinationals, including financial institutions, in updating their existing transfer pricing policies on financial transactions to comply with the revised Transfer Pricing Guidelines. Such guidance is also likely to provide the necessary framework for tax authorities to review their related party financial transactions.
This session will help participants gain a better
DID: 6305 5690
Overview of the Transfer Pricing Guidance on Financial Transactions
Application of the Arm's Length Principle
Guidance on specific financial transactions/ instrument
Finance and Accounting Facets of Transfer Pricing and guidance provided by MAS
Devising a plan of action for the best way forward Policy analysis and change Implementation and documentation work Efficient and practical steps
Dr. Sowmya Varadharajan, Director, IC Advisors Pte Ltd
Director, IC Advisors Pte Ltd
Dr Sowmya Varadharajan is a Director at an international consultancy firm that specialises in transfer pricing and tax valuation. She is an economist with a PhD in Economics from Cornell University.
Sowmya started her career in transfer pricing at PwC. Having worked as part of the transfer pricing practices in both the US and Singapore, Sowmya has extensive experience in preparing transfer pricing documentation and defending such documentation before tax authorities either as part of the transfer pricing audit process, or through the Advance Pricing Agreement (APA) process.
Sowmya has advised on a wide variety of issues, ranging from simple transfer of goods between related enterprises, to more complicated arrangements of buy-in/cost share/cost contribution and intellectual property transfers. In terms of industry experience, Sowmya has extensive experience in the high-tech/semiconductor as well as pharmaceuticals/biomedical industries.
In addition to her transfer pricing expertise, Sowmya also has considerable experience on tax/intellectual property valuation projects.