INTM481020 | Transfer pricing: operational guidance: governance: what types of enquiry are within the governance?

What is covered - and what is not

The transfer pricing governance (see INTM481030) applies from 1 April 2008 to any enquiry or potential enquiry where TIOPA10/Part 4 (formerly ICTA88/SCH28AA) or the arm’s length principle may be invoked, so it covers

• transfer pricing of goods and services

• post-return thin capitalisation

• private equity leveraged buy-outs

• attribution of profit to permanent establishments (but not the question of whether a permanent establishment exists)

• Advance Thin Capitalisation Agreements

The transfer pricing governance does not apply to

• Advance Pricing Agreements

• Mutual Agreement Procedure/Competent Authority work

• Petroleum Revenue Tax issues

despite the fact that Transfer Pricing Group (TPG) resource is sometimes used in this work. These areas are subject to their own separate governance.