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A closer look at debt transactions in practice

A closer look at debt transactions in practice
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Reading the tea leaves: What does the Singapore TP landscape hold for 2021?

From a Singapore TP perspective, there were two main TP related developments. 2020 will probably be remembered primarily for COVID-19 as governments, businesses and individuals alike dealt with the fall-out from the pandemic. However, in the world of transfer pricing (TP), there were some significant developments as well. These include the issuance of the ‘Transfer Pricing Guidance on Financial Transactions’ by the OECD and substantial progress on pillar one and pillar two proposals by the OECD/G20 Inclusive Framework. From a Singapore TP perspective, there were two main TP related developments. The first was the issuance of guidance related to transactions impacted by COVID-19. Thereafter, in November 2020, the Inland Revenue Authority of Singapore (IRAS) also issued guidance on how TP adjustments will be treated from a goods and services tax perspective.

OECD FT Report: A potential solution to excessive debt financing

The OECD published specific guidance on financial transactions in February 2020 Excessive debt financing has always been on the eye of tax authorities in order to protect their tax base. This is because multinational enterprises (MNEs) have the option to finance their activities with debt or equity each being subject to different tax treatment, and as a result, from a tax perspective, debt financing is considered more advantageous as opposed to equity. Nevertheless, countries have introduced certain anti-avoidance provisions in order to disallow excessive interest deductions being claimed and therefore making MNEs pay their ‘fair of share of tax’. In doing so, a country may adopt any of the three commonly seen approaches:

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