Decoding Transfer Pricing for Selling (Distribution and Agency) Functions
- Year of Publication: 2021
- Edition: 2nd
- ISBN: 978-93-90673-46-9
- No.of Pages: 106
One of the most litigated areas around selling functions, both internationally and particularly in India, is whether a licensee of trademark contributes to unique and valuable marketing intangibles through the intensity of its selling functions; and if so, how should arm’s length rewards be assigned to it. Decoding Transfer Pricing for Selling (Distribution and Agency) Functions aims to carry out advanced statistical analysis of selected empirical data to ascertain whether a licensee of trademark may be said to contribute to unique marketing intangibles. The book also focuses on identifying sophisticated economic adjustments, if any, to arrive at feasible results for measuring the impact of such unique marketing intangibles under the conventional transfer pricing methods of ‘one sided’ testing or adopt the profit split method as a better recourse.
- Rahul Mitra is a freelance practicing Chartered Accountant, with over 27 years of experience in handling taxation matters in India. He specialises in transfer pricing, supply chain management projects, international taxation, BEPS, profit attribution to permanent establishments, etc.
- Rahul was a tax partner with PwC and KPMG for an aggregate period of almost 20 years, including having served both the organisations as their national transfer pricing leader.
- Rahul was the country reporter on the topic, “Non-Discrimination in international tax matters”, for the IFA Congress held in Brussels in 2008.
- Rahul was invited by the OECD to speak in the 2012 Paris roundtable conference on developing countries’ perspective on APAs.
- Rahul was invited by President of the Tax Tribunal in 2012 and the Indian Revenue Board in 2015 and 2019 to impart training on the topic of transfer pricing to Members of the Tax Tribunal and Senior Officials of the Indian Revenue respectively.
- Rahul has been consistently rated as a leading transfer pricing professional and tax litigator in India by Euromoney and International Tax Review, since 2010.
- Rahul received the “International Tax Contributing Author of the Year” award in the subject of transfer pricing in 2019 from Bloomberg Tax.
- Rahul is a member of the global editorial board of the international web-based tax magazine, Bloomberg BNA Transfer Pricing Forum.
- Rahul independently handles litigation for top companies at the level of Tax Tribunals; and has won several landmark rulings before Tax Tribunals in the field of transfer pricing, creating precedents in India, in matters relating to Berry Ratio, Marketing Intangibles; Selection of Tested Party; Corporate Guarantee; Profit Split Method; Supply Chain nuances etc.
- Rahul has handled several APAs and MAPs in India, involving clients from across industries, covering complex transactions, e.g. industrial franchise fees under non-integrated principal structure; attribution of profits to dependent agency permanent establishment model; contract R&D service provider models; distribution models with related marketing intangible issues; financial transactions (loans and guarantees); profit split model for royalties; etc.
About Taxsutra:
Taxsutra is considered the most credible source of tax news in the tax fraternity. What started as a fledgling start-up has now become a leading brand in the tax world not only in India, but across the globe. Taxsutra's diverse customer set includes Fortune 500 Companies, large Indian Business Groups, Global Conglomerates, Tax Judges, IRS Officers, CBDT, Tax Lawyers & thousands of tax practitioners.
Taxsutra suite of portals :
1. Real time tax news & analysis for Corporate Tax (www.taxsutra.com/dt)
2. Transfer Pricing Portal (www.taxsutra.com/tp)
3. GST and Central Indirect Taxes Portals (www.taxsutra.com/gst - www.idt.taxsutra.com)
4. "Taxsutra Database" - Powerful Online Direct Tax Reference and Search Tool (www.database.taxsutra.com)
5. LawStreetIndia (LSI) (www.lawstreetindia.com) contains sub-modules on Company law, Securities law (SEBI/SAT), FEMA, IP laws & Competition Law
6. Taxsutra Accounting Standards portal (Ind-AS) (www.greentick.taxsutra.com)
About Thomson Reuters South Asia Private Limited:
Thomson Reuters is one of the world’s most trusted providers of answers, helping professionals make confident decisions and run better businesses. Thomson Reuters, India, Legal is a part of this group and publishes legal content covering a spectrum of topics by leading experts and professionals in this domain. Newgen, a contracting affiliate of Thomson Reuters, India, Legal produces and promotes these publications on their behalf across South East Asia.
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- Year of Publication: 2021
- Edition: 2nd
- ISBN: 978-93-90673-46-9
- No.of Pages: 106
One of the most litigated areas around selling functions, both internationally and particularly in India, is whether a licensee of trademark contributes to unique and valuable marketing intangibles through the intensity of its selling functions; and if so, how should arm’s length rewards be assigned to it. Decoding Transfer Pricing for Selling (Distribution and Agency) Functions aims to carry out advanced statistical analysis of selected empirical data to ascertain whether a licensee of trademark may be said to contribute to unique marketing intangibles. The book also focuses on identifying sophisticated economic adjustments, if any, to arrive at feasible results for measuring the impact of such unique marketing intangibles under the conventional transfer pricing methods of ‘one sided’ testing or adopt the profit split method as a better recourse.
- Rahul Mitra is a freelance practicing Chartered Accountant, with over 27 years of experience in handling taxation matters in India. He specialises in transfer pricing, supply chain management projects, international taxation, BEPS, profit attribution to permanent establishments, etc.
- Rahul was a tax partner with PwC and KPMG for an aggregate period of almost 20 years, including having served both the organisations as their national transfer pricing leader.
- Rahul was the country reporter on the topic, “Non-Discrimination in international tax matters”, for the IFA Congress held in Brussels in 2008.
- Rahul was invited by the OECD to speak in the 2012 Paris roundtable conference on developing countries’ perspective on APAs.
- Rahul was invited by President of the Tax Tribunal in 2012 and the Indian Revenue Board in 2015 and 2019 to impart training on the topic of transfer pricing to Members of the Tax Tribunal and Senior Officials of the Indian Revenue respectively.
- Rahul has been consistently rated as a leading transfer pricing professional and tax litigator in India by Euromoney and International Tax Review, since 2010.
- Rahul received the “International Tax Contributing Author of the Year” award in the subject of transfer pricing in 2019 from Bloomberg Tax.
- Rahul is a member of the global editorial board of the international web-based tax magazine, Bloomberg BNA Transfer Pricing Forum.
- Rahul independently handles litigation for top companies at the level of Tax Tribunals; and has won several landmark rulings before Tax Tribunals in the field of transfer pricing, creating precedents in India, in matters relating to Berry Ratio, Marketing Intangibles; Selection of Tested Party; Corporate Guarantee; Profit Split Method; Supply Chain nuances etc.
- Rahul has handled several APAs and MAPs in India, involving clients from across industries, covering complex transactions, e.g. industrial franchise fees under non-integrated principal structure; attribution of profits to dependent agency permanent establishment model; contract R&D service provider models; distribution models with related marketing intangible issues; financial transactions (loans and guarantees); profit split model for royalties; etc.
About Taxsutra:
Taxsutra is considered the most credible source of tax news in the tax fraternity. What started as a fledgling start-up has now become a leading brand in the tax world not only in India, but across the globe. Taxsutra's diverse customer set includes Fortune 500 Companies, large Indian Business Groups, Global Conglomerates, Tax Judges, IRS Officers, CBDT, Tax Lawyers & thousands of tax practitioners.
Taxsutra suite of portals :
1. Real time tax news & analysis for Corporate Tax (www.taxsutra.com/dt)
2. Transfer Pricing Portal (www.taxsutra.com/tp)
3. GST and Central Indirect Taxes Portals (www.taxsutra.com/gst - www.idt.taxsutra.com)
4. "Taxsutra Database" - Powerful Online Direct Tax Reference and Search Tool (www.database.taxsutra.com)
5. LawStreetIndia (LSI) (www.lawstreetindia.com) contains sub-modules on Company law, Securities law (SEBI/SAT), FEMA, IP laws & Competition Law
6. Taxsutra Accounting Standards portal (Ind-AS) (www.greentick.taxsutra.com)
About Thomson Reuters South Asia Private Limited:
Thomson Reuters is one of the world’s most trusted providers of answers, helping professionals make confident decisions and run better businesses. Thomson Reuters, India, Legal is a part of this group and publishes legal content covering a spectrum of topics by leading experts and professionals in this domain. Newgen, a contracting affiliate of Thomson Reuters, India, Legal produces and promotes these publications on their behalf across South East Asia.
