Paolo Soro

OECD: The new Local File

In September 2014, the OECD drew up the: “Guidance on transfer pricing documentation and Country by Country reporting”, which contains the chapter 5 revision concerning the transfer pricing guide lines, and the new Local File.

The following note regards all the information requested into the new Local File, pursuant the OECD recommendations.

            LOCAL ENTITY

  1. A detailed description of the business, pursued by the local entity; Key competitors
  2. A description of the management structure of the local entity, a local organization chart, and a description of the individuals to whom local management reports and the country(ies) in which such individuals maintain their principal offices
  3. A detailed description of the business and business strategy pursued by the local entity, including an indication whether the local entity has been involved in or affected by business restructurings or intangibles transfers in the present or immediately past year and an explanation of those aspects of such transactions affecting the local entity




  1. For each material category of controlled transactions in which the entity is involved, provide the following information:
    1. An identification of associated enterprises involved in each category of controlled transactions, and the relationship amongst them
    2. The amount of intra-group payments and receipts for each category of controlled transactions involving the local entity (i.e. payments and receipts for products, services, royalties, interest, etc.) broken down by tax jurisdiction of the foreign payer or recipient
    3. A description of the material controlled transactions (e.g. procurement of manufacturing services, purchase of goods, provision of services, loans, financial and performance guarantees, licenses of intangibles, etc.) and the context in which such transactions take place
    4. A detailed comparability and functional analysis of the taxpayer and relevant associated enterprises with respect to each documented category of controlled transactions, including any changes compared to prior years
    5. To the extent this functional analysis duplicates information in the Master File, a cross reference to the Master File is sufficient
    6.  the context in which such transactions take place
    7. An indication of the most appropriate transfer pricing method with regard to the category of transaction and the reasons for selecting that method
    8. An indication of which associated enterprise is selected as the tested party, if applicable, and an explanation of the reasons for this selection
    9. A summary of the important assumptions made in applying the transfer pricing methodology If relevant, an explanation of the reasons for performing a multi-year analysis
    10. A list and description of selected comparable uncontrolled transactions (internal or external), if any, and information on relevant financial indicators for independent enterprises relied on in the transfer pricing analysis, including a description of the comparable search methodology and the source of such information
    11. A description of any comparability adjustments performed, and an indication of whether adjustments have been made to the results of the tested party, the comparable uncontrolled transactions, or both
    12. A summary of financial information used in applying the transfer pricing methodology
    13. A copy of existing unilateral and bilateral/multilateral APAs and other tax rulings to which the local tax jurisdiction is not a party and which are related to controlled transactions described above

The APA (Advance Price Agreement), onto the OECD BEPS ACTION 14 (MAKE DISPUTE RESOLUTION MECHANISMS MORE EFFECTIVE) of 18.122014, is outlined as: “An arrangement that determines, in advance of controlled transactions, an appropriate set of criteria (e.g. method, comparables and appropriate adjustments thereto, critical assumptions as to future events) for the determination of the transfer pricing for those transactions over a fixed period of time”.

  1. A description of the reasons for concluding that relevant transactions were priced on an arm’s length basis based on the application of the selected transfer pricing method


  1. Annual local entity financial accounts for the fiscal year concerned; if audited statements exist they should be supplied, and if not existing unaudited statements should be supplied
    1. Information and allocation schedules showing how the financial data used in applying the transfer pricing method may be tied to the annual financial statements
    2. Summary schedules of relevant financial data for comparables used in the analysis and the sources from which that data was obtained
    3. Copies of all material intercompany agreements concluded by the local entity.

The new Local File can be drafted in English language, whatever is the Country of destination.

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