argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Australia - risk assessment - intercompany loans - compliant approach

The companies that carry out infragroup financing transactions can now count on the Practical Compliance guide (PCG 2017/4), the guidelines issued by the Australian Taxation Office (ATO) in order to be able to manage transactions with related companies in a fiscal compliance perspective in countries outside Australia.
The vade-mecum “ATO” is a tool available to corporate tax payers for risk assessment.
In particular, the framework developed by the Australian Financial Administration allows companies to identify and assess the risk associated with intercompany loans and, consequently, to understand the compliance approach associated with the level of risk attributable to the loans existing within the group. The document also contains the indications to establish a collaboration with the Tax Administration in order to mitigate the risk connected to the transfer pricing and to understand the type of analysis and documentation required by the ATO for the assessment of the risk connected to the funding. The PCG applies to financing transactions, both outbound and inbound, made with entities belonging to the same group, residing in countries other than Australia. The guidelines are effective from July 1, 2017 and apply to both existing and new underwriting financing, but the Camberra Finance Administration has made it clear to us that it is not a “safe harbor” and in no the current legislation is replaced.