A.5.1 The public Taxation Rulings concerning transfer pricing and related matters include:

  • Taxation Ruling TR 92/11 — Loan arrangements and credit balances;
  • Taxation Ruling TR 94/14 — Basic concepts underlying the operation of Division 13;
  • Taxation Ruling TR 95/23 (withdrawn 10 March 2011) — Procedures for bilateral and unilateral advance pricing arrangements;
  • Taxation Ruling TR 97/20 — Arm's length transfer pricing methodologies;
  • Taxation Ruling TR 98/11 — Documentation and practical issues associated with setting and reviewing transfer pricing;
  • Taxation Ruling TR 98/21 — Withholding tax implications of cross-border leasing arrangements;
  • Taxation Ruling TR 98/16 — Penalty tax guidelines;
  • Taxation Ruling TR 1999/1 — Intra-group services;
  • Taxation Ruling TR 2000/16 and Taxation Ruling TR 2000/16A — Transfer pricing and profit reallocation adjustments, relief from double taxation and Mutual Agreement Procedure;
  • Taxation Ruling TR 2001/11 — Operation of Australia's permanent establishment attribution rules;
  • Taxation Ruling TR 2001/13 — Interpreting Australia's Double Tax Agreements;
  • Taxation Ruling TR 2002/2 — Meaning of 'arm's length' for the purpose of dividend deeming provisions;
  • Taxation Ruling TR 2003/1 — Thin capitalisation, applying the arm's length debt test;
  • Taxation Ruling TR 2004/1 — Cost contribution arrangements;
  • Taxation Ruling TR 2005/11 — Branch funding for multinational banks;
  • Taxation Ruling TR 2007/1 — Effects of determinations made under Division 13, including consequential adjustments (replaces Taxation Ruling TR 1999/8);
  • Taxation Ruling TR 2010/7 — Interaction of the thin capitalisation provisions and the transfer pricing provisions;
  • Taxation Ruling TR 2011/1 — Application of the transfer pricing provisions to business restructuring.

A.5.2 Transfer pricing related Taxation Determinations include:

  • Taxation Determination TD 2002/20 — Income tax: if an Australian film production company alters its method of charging for film production services supplied to a foreign associate to account for the impact of the tax offset scheme under Division 376 of the Income Tax Assessment Act 1997, will the Commissioner apply Division 13 of Part III of the Income Tax Assessment Act 1936 or the Associated Enterprises article of a relevant double tax agreement to increase the charge?
  • Taxation Determination TD 2002/28 — Income tax: when can a foreign bank elect not to apply Part IIIB of the Income Tax Assessment Act 1936 (ITAA 1936) in calculating the taxable income attributable to the activities of its Australian branch?
  • Taxation Determination TD 2007/1 — Income tax: consolidation: in working out the market value of the goodwill of each business of an entity that becomes a subsidiary member of a consolidated group, should the value of related party transactions of each business of the entity be recognised on an arm's length basis?
  • Tax Determination TD 2008/20 — Income tax: where a taxpayer has supplied or acquired property under an international agreement and that gives rise to a debt interest or an equity interest as defined for the purposes of Division 974 of the Income Tax Assessment Act 1997, does Division 974 bear upon the characterisation to be adopted for the purposes of the application of Division 13 of Part III of the Income Tax Assessment Act 1936 to the transaction?

A.5.3 The Practice Statements that are directly applicable to transfer pricing include:

  • Practice Statement PSLA 2003/5 — Making a determination under Division 13 and applying the relevant Articles of Australia's DTAs;
  • Practice Statement PSLA 2004/13 — The transfer pricing review panel;
  • Practice Statement PSLA 2005/14 — Transfer pricing review work;
  • Practice Statement PSLA 2006/9 — Referral of work to International Strategy and Operations;
  • Practice Statement PSLA 2007/8 — Treatment of non-resident captive insurance arrangements;
  • Practice Statement PSLA 2008/18 — Interaction between Subdivisions 284-B and 284-C of Schedule 1 to the Taxation Administration Act 1953;
  • Practice Statement PSLA 2011/1 — ATO's Advance Pricing Arrangement program;
  • Practice Statement PSLA 2013/2 — Provision of accredited economic advice.

A.5.4 Other ATO publications on transfer pricing include:

  • International Transfer Pricing: Introduction to Concepts and Risk Assessment;
  • International Transfer Pricing: Applying the Arm's Length Principle;
  • International Transfer Pricing: A Simplified Approach to Documentation and Risk Assessment for Small to Medium Businesses;
  • International Transfer Pricing: Marketing Intangibles;
  • International Transfer Pricing: Attributing Profits to a Dependent Agent Permanent Establishment.
  • What are Tax Treaties;
  • Mutual Agreement Procedures (MAP) Operational Guidance for Member Countries of the Pacific Association of Tax Administrators (PATA);
  • Bilateral Advance Pricing Arrangement (BAPA) Operational Guidance for Member Countries of the Pacific Association of Tax Administrators (PATA);
  • Pacific Association of Tax Administrators (PATA) Transfer Pricing Documentation Package.