IRS: Notice 2014-58 Additional Guidance Under the Codified Economic Substance Doctrine and Related PenaltiesPar Robert Robillard - 11 novembre 2014
RBRT Inc. Transfer pricing, tax treaties and other international tax matters
Notice 2014-58 Additional Guidance Under the Codified Economic Substance Doctrine and Related Penalties was recently released.
It is available here.
The economic substance doctrine can find its way into transfer pricing transactions when avoidance is brought up by the IRS.
From the notice:
« The economic substance doctrine is a judicial doctrine that was codified in section 7701(o) by section 1409 of the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111–152. Section 7701(o)(5)(A) defines “economic substance doctrine” as the common-law doctrine that disallows tax benefits under subtitle A of the Internal Revenue Code if the transaction that produces those benefits lacks economic substance or a business purpose. Under section 7701(o)(1), a transaction has economic substance if: (1) the transaction changes in a meaningful way (apart from Federal income tax effects) the taxpayer’s economic position; and (2) the taxpayer has a substantial purpose (apart from Federal income tax effects) for entering into such transaction. »
Also available in pdf format here.
RBRT Inc. is all about transfer pricing. We specialize in transfer pricing, tax treaties and other international tax matters. Our services include transfer pricing documentation (transfer pricing policies and procedures, BEPS and C-doc), transfer pricing dispute resolution, tax treaty matters including double tax relief, tax treaty-based returns and waivers, advanced pricing agreement (APA), value chain management and TP planning, transfer pricing training. The information in this blog post is general information only. Data and information come from sources believed to be reliable but complete accuracy cannot be guaranteed. RBRT Inc. and the author are not responsible or liable for any error, omission or inaccuracy in such information. Readers should seek independent tax advice and tax counsel from RBRT Inc. as required.