The Finance Bill for 2024 brings major changes to the tax auditing of multinational companies. These changes, particularly with regard to transfer pricing controls, are designed to step up the fight against tax fraud and improve transparency in intra-group transactions.
Summary of Transfer Pricing Transfer Pricing in the Finance Law 2024
The text of the Finance Act for 2024 introduces several key measures to strengthen the tax control of transfer pricing by multinational companies. Here are the key points:
- Lowering of the Transfer Pricing Control Trigger Point: From January 1, 2024, the threshold for the obligation to provide full documentation on transfer pricing policies will be lowered from €400 million to €150 million in sales.
- Enforceability of the documentation in the event of a transfer pricing tax audit: this documentation will be enforceable against companies in the event of a tax audit if the transfer pricing policy described is not followed. This could be seen as an indirect transfer of profits and therefore a form of tax evasion.
- Increase in the fine for failure to respond to a request for documentation during a tax audit: The minimum fine for failure to respond to a request for documentation during a tax audit will be increased from €10,000 to €50,000.
- Extension of the Recovery Period for Transfers of Intangible Assets under Tax Audit: The tax authorities will have an extended period in which to recover transfers of intangible assets, until the end of the 6th year following the year in respect of which the tax is due.
These measures are part of a broader effort to combat tax fraud, and are designed to give tax authorities the tools they need to carry out more effective tax audits, particularly in the area of transfer pricing.