Transfer pricing is an area that is a major concern for Multinational Enterprises (MNEs) due to the different approaches, ambiguity, and practical difficulties in applying the transfer pricing methodologies. A significant volume of global trade consists of international transfer of goods and services e.g. capital (such as money) and intangible (such as intellectual property) within an MNE Group. Transactions involving intangibles and multitiered services constitute a rapidly growing proportion of an MNE’s commercial transactions and have greatly increased the complexities in analyzing and understanding such transactions.

Any person who enters into a controlled transaction is required to prepare contemporaneous TP documentation which is to be submitted to the tax authorities within 14 days upon request by the Malaysian Inland Revenue Board (MIRB). Effective from 1 January 2021, taxpayers that fail to submit the contemporaneous TP documentation within 14 days upon request by the MIRB can be fined between RM20,000 and RM100,000 and/or imprisonment for a term not exceeding 6 months. Practically all taxpayers that have related party transactions need to take heed of this new penalty.

The practical issues and a detailed discussion of the TP Documentation requirements will be carried out by the speaker during the session.

WHAT WE'LL COVER

• Recognise the Malaysian TP Rules and Guidelines
• Identify the transfer pricing methodologies
• Review the Malaysian TP Documentation requirements
• Appraise and discuss the Functional Analysis
• Evaluate the comparability analysis, factors affecting comparability and the elimination matrix
• Illustrate the Transfer Pricing audits and review the practical issues to consider
• Demonstrate the Base Erosion and Profit Shifting developments
  
  

WEBINAR FACILITATORS

Adriana Calderon has extensive international experience with Big Four and mid-tier firms advising multinational companies in the areas of corporate and international taxation across South America, the US, Australia and the Asia Pacific Region.

As a TP practitioner, Adriana has advised companies in the Asia Pacific Region across various industries and in a wide range of projects associated with planning, compliance and dispute resolutions with tax authorities. She has also participated in specialised projects involving pricing of financial transactions, business restructures and negotiation of APAs. Most recently, she has participated in TP planning projects to implement BEPS’s Action Plan and country-by-country reporting.