CMS Guide - Transfer pricing: procedures for the elimination of double taxation in 24 countries


The CMS Tax Group is delighted to provide you with a CMS Guide on “ Transfer pricing: procedures for the elimination of double taxation in 24 countries“.

The reassessment of the transfer pricing policy of a multinational enterprise results, in principle, in double taxation. Indeed, the amount reassessed by a state at the level of an affiliated company has already been taxed by another state at the level of the other affiliated company party to the reassessed transaction. The same income is therefore taxed twice. A transfer pricing reassessment can also have a withholding tax impact: in certain countries (such as France), the amount reassessed characterises a deemed distribution of profit, subject (depending on the tax treaty applicable) to a withholding tax. Transfer pricing reassessment can therefore have significant tax impacts.

This guide provides CMS’s international clients, particularly those with intra-group activities across Europe, Asia, the Maghreb region, the US and the BRICs countries, with consistent and practical information on international procedures leading to the elimination of double taxation and how they are applied in 24 countries.

The first chapter covers 12 countries: Algeria, Austria, Belgium, Brazil, Bulgaria, France, Germany, Italy, Japan, Serbia, Spain and the US. It will be followed by a second chapter which will be launched in April 2016. It will cover China, Croatia, Czech Republic, Hungary, India, Poland, Portugal, Romania, Russia, Slovakia, Switzerland and the UK.