Location-Specific Advantages : : Modified Application of the Arm's Length Principle in a Knowledge-Based Economy.
This book discusses location-specific advantages, a novel concept originating from the transfer pricing practice in China and India.
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Superior document: | WU Series ; v.22 |
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Place / Publishing House: | Amsterdam : : IBFD Publications USA, Incorporated,, 2021. Ã2021. |
Year of Publication: | 2021 |
Edition: | 1st ed. |
Language: | English |
Series: | WU Series
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Online Access: | |
Physical Description: | 1 online resource (293 pages) |
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Table of Contents:
- Cover
- Title
- Copyright
- Table of Contents
- Preface
- Acknowledgements
- Abbreviations
- Chapter 1: Introduction
- 1.1. Background
- 1.1.1. From where it started: A query of emerging countries
- 1.1.2. Developing countries are a rising force in the global economy and in the international tax community
- 1.1.3. Global businesses embrace a knowledge-based economy
- 1.1.4. Modern business models erode physical presence in host countries
- 1.1.5. Arm's length principle falls short and requires further modification post-BEPS
- 1.2. Research questions
- 1.3. Novelty of the research
- 1.4. Scope and assumptions
- 1.5. Methodologies
- 1.6. Structure
- Chapter 2: Conceptual Debate of Location-Specific Advantages
- 2.1. Introduction to LSAs
- 2.2. LSAs as an economic concept
- 2.3. LSAs as a tax law and transfer pricing concept
- 2.3.1. LSAs justify the taxing right of host countries in international taxation
- 2.3.2. LSAs present a pricing problem in transfer pricing
- 2.3.3. LSAs present insufficiently identifiable value under the current guidance and practice of transfer pricing
- 2.3.4. LSAs present as an inherent deficiency in allocating global taxing rights
- 2.4. Concluding remarks
- Chapter 3: Transfer Pricing Debate in International and National Domains
- 3.1. Insights from the international organizations
- 3.1.1. The OECD TP Guidelines
- 3.1.2. The UN TP Manual
- 3.2. Insights from selected countries
- 3.2.1. US tax law
- 3.2.2. German tax law
- 3.2.3. Chinese tax law
- 3.2.3.1. "China Country Practice" in the 2017 UN TP Manual
- 3.2.3.2. Domestic transfer pricing rules in China
- 3.2.4. Indian tax law
- 3.2.4.1. Location savings and other LSAs
- 3.2.4.2. Marketing intangibles
- 3.3. Concluding remarks
- Chapter 4: Economic Views of Multinational Enterprises
- 4.1. MNEs and the global economy.
- 4.2. Economic theories of firms and MNEs
- 4.2.1. Overview of the theories
- 4.2.2. An integration of firm theories
- 4.2.2.1. Ownership advantages and KBC
- 4.2.2.2. Locational advantages
- 4.2.2.3. Internalization advantages
- 4.2.3. Interactions of OLI advantages with contemporary considerations
- 4.3. Concluding remarks
- Chapter 5: Theories of Taxing MNEs
- 5.1. Separate entity theory
- 5.1.1. What it is
- 5.1.2. Merits and demerits
- 5.1.3. Appraisals
- 5.2. Unitary entity theory
- 5.2.1. What it is
- 5.2.1.1. Tax unit: The unitary business
- 5.2.1.2. Tax base: Consolidated income of the unitary business
- 5.2.1.3. Formulary apportionment: Factors and weights
- 5.2.2. Merits and demerits
- 5.2.3. Appraisals
- 5.3. Concluding remarks
- Chapter 6: The Arm's Length Principle
- 6.1. Pre-BEPS developments since the 1930s
- 6.1.1. 1930s-1960s: The emergence of the arm's length principle
- 6.1.2. 1960s-1995: International acceptance of the arm's length principle
- 6.1.3. 1995-2015: Diverging national practice in respect of the arm's length principle
- 6.2. The BEPS Project as an overhaul of the arm's length principle
- 6.2.1. The BEPS initiatives and outcomes
- 6.2.2. The post-BEPS arm's length principle
- 6.2.2.1. Value creation is the new requirement
- 6.2.2.2. Addressing the separation of risks from functions
- 6.2.2.3. Addressing the separation of intangible-related income from functions
- 6.2.2.4. Revised guidance on the transactional profit split method
- 6.2.2.5. Simplified approach to low value-adding services
- 6.2.3. Interpretative value of the post-BEPS arm's length principle in tax treaties
- 6.3. The post-BEPS arm's length principle requires further modification
- 6.3.1. The arm's length principle per se is not a principle.
- 6.3.2. Global formulary apportionment is not ready to replace the arm's length standard as the international solution
- 6.3.3. The arm's length principle presents fundamental limits in guidance and practice
- 6.3.3.1. Transactional significance
- 6.3.3.2. Functional analysis at entity level
- 6.3.3.3. The post-BEPS arm's length principle still excessively underlines functional significance
- 6.4. Concluding remarks
- Chapter 7: A New Framework for the Guidance and Practice of the Arm's Length Principle
- 7.1. Background
- 7.1.1. The profit allocation problem caused by insufficient inclusion of LSAs
- 7.1.2. Alternative international proposals
- 7.2. The proposal
- 7.2.1. Overview
- 7.2.2. The revised transfer pricing analysis
- 7.2.3. The revised transfer pricing methods
- 7.2.3.1. The one-sided methods with adjustment applicable in Scenario 1
- 7.2.3.2. The revised residual profit split method applicable in Scenario 2
- 7.3. Appraisal
- Chapter 8: Conclusions
- 8.1. What are LSAs?
- 8.2. What is the transfer pricing problem caused by LSAs?
- 8.3. What is the rationale for resolving the problem identified?
- 8.4. What is the proposal?
- Bibliography
- Other Titles in the WU Institute for Austrian and International Tax Law - Tax Law and Policy Series.