The non-unique notion of "control" in transfer pricing electrónico interpretation, legislative developments and problematic aspects from an Italian and international perspective Domenico Ponticelli and Sabrina Tronci
By: Ponticelli, Domenico
.
Contributor(s): Tronci, Sabrina.
Material type: 
ArticlePublisher: 2021Subject(s): PRECIOS DE TRANSFERENCIA | GRUPOS DE EMPRESAS | CONTROL | ITALIA
In:
International Transfer Pricing Journal v. 28, n. 4, 2021, p. 291-298Summary: For their concrete implementation, transfer pricing rules necessarily presuppose a tax-relevant notion of "group", which is built on the concept of "control" among enterprises. The current definition of "control", under Italian tax law, is the result of a long and troubled process of refining the legislative text. Over time, the Italian tax authorities have always adopted a far-reaching interpretation of "control", which went far beyond contractual or shareholding connections (that make relevance for the notion of "control" under the Italian Civil Code), resulting in the application of the transfer pricing rules even to cases not representing a distortion of the rules of competition, but rather reflecting situations that can be ordinarily found on the market. The notion of "control" has been finally clarified (and circumscribed) by the recent legislative developments, which - despite a number of persistent interpretative doubts - appear also more in line with the international OECD framework, which is briefly discussed in this article as well.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| Recursos electrónicos | IEF | IEF | ITPJ/2021/4-5 (Browse shelf) | Available | ITPJ/2021/4-5 |
Browsing IEF Shelves Close shelf browser
Disponible únicamente en formato electrónico.
Resumen.
For their concrete implementation, transfer pricing rules necessarily presuppose a tax-relevant notion of "group", which is built on the concept of "control" among enterprises. The current definition of "control", under Italian tax law, is the result of a long and troubled process of refining the legislative text. Over time, the Italian tax authorities have always adopted a far-reaching interpretation of "control", which went far beyond contractual or shareholding connections (that make relevance for the notion of "control" under the Italian Civil Code), resulting in the application of the transfer pricing rules even to cases not representing a distortion of the rules of competition, but rather reflecting situations that can be ordinarily found on the market. The notion of "control" has been finally clarified (and circumscribed) by the recent legislative developments, which - despite a number of persistent interpretative doubts - appear also more in line with the international OECD framework, which is briefly discussed in this article as well.
Click on an image to view it in the image viewer
There are no comments for this item.