If you are reading this article the chances are that you enjoy discussing about technical aspects of transfer pricing as much as we do. Any transfer pricing aficionado knows that changes to the OECD Transfer Pricing Guidelines are a reason for excitement in the tax and transfer pricing world.
An interactive and informative webinar ideal for CFOs, tax managers and finance managers with multinational or domestic companies Malaysia to better understand the implications of Covid-19 based on OECD guidelines.
With the new transfer pricing changes in Malaysia and the new transfer pricing documentation standard, a benchmarking analysis that is reliable and defendable, is key when preparing transfer pricing documentation. For this reason, we have compiled key tips that in our experience will help you getting a benchmarking analysis right.
The Inland Revenue Board of Malaysia (“IRBM”) adopts the arm’s length principle as a basis to determine the transfer price of a transaction between associated entities. Arm’s length price is the price which would have been determined if such transactions were entered between independent entities under the same or similar circumstances.
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.
The Malaysian Finance Bill 2020 incorporates transfer pricing-related changes to the current Income Tax Act, 1967 (“ITA”). The changes permit significantly greater authority to the Malaysia Inland Revenue Board (“MIRB”) and re-emphasises the importance of transfer pricing compliance, with effect from 1 January 2021.