AmCham Macedonia Spring 2014 (Issue 41) | Page 23

ANALYSIS length, which is good. Furthermore, Macedonian tax legislation includes provisions for supporting the verification of transfer prices, as taxpayers may need to present satisfactory information and evidence to the Public Revenue Office which would confirm that the related party transactions have, in fact, been carried out at arm’s length. However, in my opinion, these provisions are limited, as the legislation does not set out further requirements or provide detailed guidance on the manner in which this information and evidence should be prepared. This leaves space for subjectivity in assessing whether the information and evidence is sufficient and appropriate, and subjectivity may bring uncertainty; this is what multinationals want to avoid. In an effort to fill in the gap, AmCham Macedonia, supported by KPMG in Macedonia decided to translate and publish the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in Macedonian. Macedonian is the 12th language into which this important book has been translated so far and we expect that it will be widely used by both taxpayers and the Public Revenue Office. The next step should be for Macedonian legislation to refer directly to the OECD Guidelines. EM: In your opinion, are corporate income tax avoidance and tax evasion major issues in Macedonia? Mierzejewski: Tax avoidance and tax evasion are major issues for every country, not just Macedonia. This has been specifically emphasized by the European Commission, which noted that each year, billions of euro of public money are lost in the EU due to tax evasion and tax avoidance. The negative effects are not just loss of public revenue – businesses find themselves at a competitive disadvantage with respect to tax evaders, while honest citizens carry a heavier tax burden due to increases of tax rates or spending cuts aimed to compensate for unpaid taxes. The tax rate in Macedonia is 10% which is one of the lowest rates in Europe. Low tax rates generally contribute toward decreasing tax avoidance and evasion. Furthermore, under the Macedonian corporate income tax system, the payment of tax is actually postponed until distribution of dividends, which is in fact a stimulus for some companies to invest in the country. However, this leaves space for companies to avoid paying tax by setting transfer prices at levels that essentially eliminate the need to pay dividends. Hence, I believe that the Public Revenue Office will pay greater attention to transfer pricing in the coming period and will more often challenge the terms by which such transactions are agreed. However, considering that multinationals generally do pay great attention to transfer pricing, their Macedonian subsidiaries are not likely to face major problems, provided that they have readily available transfer pricing documentation. EM: Why is it important that international standards are consistently applied? Mierzejewski: Transfer pricing involves associated enterprises in different tax jurisdictions. As such, international aspects arise that are difficult to deal with, as they always involve more than one tax jurisdiction. Any adjustment to the transfer price in one jurisdiction may mean that a corresponding change in another jurisdiction might be needed. The application of international standards in a consistent manner determines the rules of the game. This ensures an appropriate tax base in each jurisdiction, avoids double taxation and minimizes conflicts between taxpayers and tax administrations as well as those between different tax jurisdictions. This should be seen as a “win-win” for both taxpayers and the tax administration. Emerging Macedonia Spring 2014 Issue 41 23