The arm’s length principle is the international standard to determine transfer price and is applicable to all Malaysian taxpayers that entered into a controlled transaction. In Malaysia, taxpayers are required to prepare and maintain contemporaneous transfer pricing documentation annually to prove compliance with the arm’s length principle.
Transfer Pricing Solutions Malaysia can assist with the preparation of TP documentation locally and regionally, Master File and Local File to comply with the OECD and also local legislation.
With increasing scrutiny, transfer pricing audits are becoming more common. Failure to comply with documentation requirements can lead to significant penalties.
The IRBM has recently issued a Frequently Asked Questions to address the questions taxpayers and tax professionals regarding the Transfer Pricing Surcharge.
Malaysia taxpayers will be required to include the date on which their contemporaneous TP documentation is completed from YA 2023.