There are three relevant cases for partnership dealing: (1) transactions between a partnership and a non-resident person with whom the partnership does not deal
at arm's length; (2) transactions between the partnership and a non-resident person with whom a member of the partnership does not deal
at arm's length; and (3) transactions between the partnership and another partnership of which the non-arm's length non-resident (i.e., the person not
at arm's length with the tested partnership or a member of it) is a member.
(12) An exception to making the deferred income method election is provided where the taxpayer can demonstrate that the controlled transaction was
at arm's length under CUT or CUP.
SB 2354, Laws 2003, removed the July 1, 2003 expiration date of: (1) the factors to be considered in determining whether a corporate transaction is
at arm's length for income tax purposes under MS Code Section 27-99; and (2) the addback of related-party intangible and interest expenses under MS Code Section 27-7-17.
On May 21, 1993, Revenue Canada-Customs, Excise and Taxation issued an exposure draft of an information circular (IC) relating to procedures and guidelines for securing an Advance Pricing Agreement (APA) to confirm that a taxpayer's transfer pricing methodology and results will satisfy the requirements for dealing with related parties as though
at arm's length. Tax Executives Institute is pleased to submit the following comments on the draft of the proposed information circular.
A description of the transacting parties' management (i.e, whether there is overlapping management or the agreement terms can be shown to be
at arm's length).
First, the taxpayer must prove that the IRS's assessment was arbitrary, capricious, and unreasonable.(18) In other words, the taxpayer must first prove by a preponderance of the evidence that the IRS abused its discretion in determining the amount of the deficiency.(19) Second, even if a taxpayer can show that the IRS acted arbitrarily, capriciously and unreasonably, the taxpayer will still lose its case unless the taxpayer can also show affirmatively that its intercompany transactions were conducted
at arm's length.(20) The taxpayer must establish the arm's-length nature of its prices and royalties by a preponderance of the evidence.
Interestingly, the notice's language implies that a transaction that did "reflect terms that would be agreed to between unrelated parties dealing
at arm's length" might be acceptable; however, the IRS's true position appears to be that the statute demands an actual arm's-length relationship between the parties, not just arm's-length terms, which is the rule laid down by the temporary regulations.
The basic Canadian charging provisions are subsections 69(2) and (3) of the Income Tax Act.(1) The former governs payments to a non-resident person with whom a Canadian taxpayer was not dealing
at arm's length;(2) the latter, inadequate consideration paid to a Canadian taxpayer in the same circumstances.
Taxpayers asserted that the transaction was
at arm's length, because the FCE paid FMV for the options (which was usually determined under the Block-Scholes method).
Although the statute itself does not establish an arm's-length standard, current Treasury Regulations provide that "[t]he standard to be applied in every case is that of an uncontrolled taxpayer dealing
at arm's length with another uncontrolled taxpayer." Treas.
However, in this case, the agreement was negotiated
at arm's length and serves as a real and discernable business for the charity.
CPI is premised on the idea that if the income of a controlled taxpayer is adjusted by reference to the level of income of comparable uncontrolled taxpayers, and the controlled transaction price is adjusted to produce that level of income, then the resulting adjusted price is the one that would have been agreed to by an uncontrolled taxpayer dealing
at arm's length. When the taxpayer is unable to use the CUP or MTM methods to establish arm's-length prices, the proposed regulations provide no escape from the pervasive CPI concept - requiring either validation under CPI or the use of CPI (or CPM) as a method.