AmCham Macedonia Spring 2014 (Issue 41) | Page 22

ANALYSIS Transfer Pricing in Focus Interview with Arkadiusz Mierzejewski, Partner, Tax at KPMG in the Balkans EM: What is the arm’s length principle and could you share transfer pricing developments in the region? Mierzejewski: The arm’s length principle has become the international standard used to determine the appropriate price for transactions between related parties. This principle requires that related party transactions be carried out at prices as if those transactions are carried out under exactly the same conditions between unrelated parties on the open market. EM: What is transfer pricing and is it really the major tool for corporate tax avoidance worldwide? Mierzejewski: Transfer pricing refers to the amounts charged in transactions between affiliated legal entities. These transactions may involve the transfer of tangible goods, intangible property such as technology or brand names, services or financing. A common assumption is that transfer pricing mainly applies to cross border transactions; however it is a factor in domestic transactions as well. Considering that the prices are set between affiliated legal entities, prices may not align with those agreed to between unrelated parties on the open market. Hence, transfer pricing directly impacts the taxable profits of each entity involved; in this respect, transfer pricing may be used as a tool to shift income to low tax jurisdictions, thus avoiding payment of tax in high tax jurisdictions. This is a major concern for all tax authorities and, in my opinion, a valid one. 22 All OECD countries apply this principle, as does an increasing number of non-OECD countries. More and more non-OECD countries are adopting transfer pricing legislation in line with the OECD principles, methods and guidelines in an attempt to gain from the experience of more developed countries. This is happening in our region as well. If you look at Balkan countries such as Bulgaria, Croatia, Serbia and Romania, you’ll see that they have already adopted transfer pricing legislation in line with OECD principles. The next one is likely to be Albania, which is in the process of approving amendments to its transfer pricing legislation to harmonize it with OECD principles. EM: Can you give us a sense of the current Macedonian legislation and enforcement in this area? Mierzejewski: The Macedonian transfer pricing provisions include the worldwide concept of related party transactions needing to be conducted at arm’s Emerging Macedonia Spring 2014 Issue 41