Transfer Pricing

Transfer pricing is a critical piece of the global BEPS puzzle. Wherever you do business, you can leverage our global network to find truly independent and expert transfer pricing solutions.

Recent global reforms through the OECD/G20 BEPS project mean that transfer pricing is no longer limited to economic or accounting analysis. The legal interpretation of transfer pricing laws is, more than ever, critical.

Mallesons’ global transfer pricing team have the expertise required to plan and implement your cross-border arrangements in compliance with global, regional and local legislative regimes.

Transfer pricing advisory and disputes services

We have unmatched experience in assisting clients in regulatory transfer pricing investigations and litigation. Our experience in advising on and running seminal transfer pricing and anti-avoidance litigation allows us to stay at the forefront of transfer pricing reform globally.

Our experience extends to advising multinational clients on their global supply chains, particularly to ensure compliance with the latest BEPS developments.  In high value or high-profile transactions, we use our experience and expertise to prepare transfer pricing documentation that complies with Australia’s transfer pricing documentation requirements.

As tax lawyers rather than accountants and economists, we provide truly independent advice, whether at the annual transfer pricing compliance stage, during a deal or restructure, or at the audit/review stage. For this reason, we are often asked to provide second-opinions on transfer pricing risks and strategies.

Our experience is that transfer pricing disputes are often resolved having regard to broader tax issues. Our tax partners can provide legal, tax, transfer pricing and litigation advice simultaneously, promoting efficiencies and saving our clients from unnecessary cost in separately briefing multiple advisors.

We are the only firm recognised by Chambers & Partners as Band 1 for Tax, highlighting our standing in the market as Australia’s pre-eminent tax lawyers, with two Band 1 partners out of a total of five Band 1 partners, the most of any firm.

How we can help you

Our market-leading transfer pricing team has experience providing a full range of transfer pricing, supply chain and BEPS-related services, including:

• Advising on global, regional and local transfer pricing laws
• Planning effective transfer pricing strategies and drafting transfer pricing policies
• Providing second-opinions on transfer pricing positions as truly independent and experienced lawyers
• Preparing transfer pricing documentation for high value or high-profile transactions
• Audit defence, negotiation and litigation services.

Recent transfer pricing experience:

• Chevron Australia – acted for Chevron in Australia’s other “mega transfer pricing test case” for transfer pricing.
  
• Major insurance company – advised on the transfer pricing issues in relation to related party loans that were being audited by the ATO. The transfer pricing issues raised during the ATO audit were significant in the context of the judgement of the Full Federal Court in the land-breaking Chevron case (which we also ran).
• Major energy company – acted for a major energy company in a significant transfer pricing dispute with the ATO.
• Multinational European client – advised on transfer pricing issues concerning their global supply chain restructure, including on domestic transfer pricing and BEPS-related issues.
• Multinational resource clients – acted for various resource clients on disputes involving the application of complex transfer pricing provisions to the sale of commodities to related parties.