Frx.qncn (No. 2)
2015
F{o.9
through an analysis of the functions undertaken by each
person in the controlled transaction, taking into account
assets used and risks assumed; and
(c)
the availability of reliable information needed to apply the
selected transfer pricing method or other methods; and
(d)
the degree of comparability between the controlled and
uncontrolled transactions, includirrg the reliability of
comparability adjustrnents, if anf, that may be required to
eliminate differences between them.
(3) It shall not be nec.essary to apply more than one method to
determine whether the conditions of a given controlled transaction are
consistent rryith the arm's lensth principle.
(4) W'here a taxpayer has used an approved transfer pricing
method and the selection of that method is consistent with this regulation,
the examination by the Comnrissioner of whether the conditions of the
taxpayer's controlled transactions are consistent rvith the arm's length
principle shall be based on that transfer pricing method applied by the
taxpayer.
(5) The following shall be the approved transfer pricing rnethods
for purposes of subparagraph (2) _-
(a)
the Comparable Uncontrolled Price Method, which is
the comparable uncontrolled price method consisting
of comparing the price charged for property or services
transferred in a controlled transaction to the price chargedfor
property or services transferued in a comparable uncontrolled
transaction: and
(b)
the Resale Price Method, which is the resale price method
consisting of comparing the resale margin that a purchaser
of property in a controlled transaction eafils from reselling
that property in an uncontrolled transaction with the resale
margin that is earned in comparable uncontrolled purchase
and resale transactions; and
(c)
the Cost Plus Method, which is the cost plus method
consisting of comparing the mark-,rp on those costs directly
and indirectly incurred in the supply of property or ssrvices
in a controlled transaction r,vith the mark-up on those costs
directly and indirectly incurred in the supply of property or
services in a c.omparable uncontrolled transaction; and
(d) the Transactional ltiet Margin
Method, which is the
transactional net margin method c.onsisting of comparing
the net prafit margin relative to an appropriate base, such as
costs , sales or assets, that a person achieves in a controlled
transaction rvith the net profit margin relative to tire same
base achieved in comparable uncontrolled transactions; and
(e) the Transactional Profit Split Method, w'hich is the
of allocatirrg
to each associated person participating in a controlled
transactional profit split rnethod consisting
transaction the portian of common profit (or loss) derived
frcrn such transacticn that an independent person r,vould
expect to earn from engaging in a comparable uncontrolled
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