Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation

Against the background of a global focus on base erosion and profit shifting and well-publicised cases of high profile multinationals minimising their taxable burden in high tax jurisdictions, including the use of transfer pricing as a major tax minimisation strategy, this paper argues for a reconce...

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Main Authors: Wilson-Rogers, Nicole, Pinto, Dale
Format: Journal Article
Published: University of New South Wales, Faculty of Law. Atax 2015
Online Access:https://www.business.unsw.edu.au/research-site/publications-site/ejournaloftaxresearch-site/Documents/eJTR_Vol13_No2_2015.pdf
http://hdl.handle.net/20.500.11937/6601
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author Wilson-Rogers, Nicole
Pinto, Dale
author_facet Wilson-Rogers, Nicole
Pinto, Dale
author_sort Wilson-Rogers, Nicole
building Curtin Institutional Repository
collection Online Access
description Against the background of a global focus on base erosion and profit shifting and well-publicised cases of high profile multinationals minimising their taxable burden in high tax jurisdictions, including the use of transfer pricing as a major tax minimisation strategy, this paper argues for a reconceptualisation of Australia’s Transfer Pricing rules by adopting an approach based on using economic presence as a basis for source based taxation.The approach of the paper is to first discuss and evaluate the evolution of Australia’s transfer pricing legislation. In this part, it will be argued that the most current reforms to Australia’s transfer pricing regime present several fundamental deficiencies. In response to these deficiencies, the second part of the paper advocates a policy response focused on a reconceptualised version of current source rules applying economic presence as a foundation for taxation.
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spelling curtin-20.500.11937-66012017-01-30T10:54:07Z Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation Wilson-Rogers, Nicole Pinto, Dale Against the background of a global focus on base erosion and profit shifting and well-publicised cases of high profile multinationals minimising their taxable burden in high tax jurisdictions, including the use of transfer pricing as a major tax minimisation strategy, this paper argues for a reconceptualisation of Australia’s Transfer Pricing rules by adopting an approach based on using economic presence as a basis for source based taxation.The approach of the paper is to first discuss and evaluate the evolution of Australia’s transfer pricing legislation. In this part, it will be argued that the most current reforms to Australia’s transfer pricing regime present several fundamental deficiencies. In response to these deficiencies, the second part of the paper advocates a policy response focused on a reconceptualised version of current source rules applying economic presence as a foundation for taxation. 2015 Journal Article http://hdl.handle.net/20.500.11937/6601 https://www.business.unsw.edu.au/research-site/publications-site/ejournaloftaxresearch-site/Documents/eJTR_Vol13_No2_2015.pdf University of New South Wales, Faculty of Law. Atax fulltext
spellingShingle Wilson-Rogers, Nicole
Pinto, Dale
Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title_full Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title_fullStr Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title_full_unstemmed Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title_short Reconceptualising Australia’s transfer pricing rules: An approach based on adopting economic presence as a basis for taxation
title_sort reconceptualising australia’s transfer pricing rules: an approach based on adopting economic presence as a basis for taxation
url https://www.business.unsw.edu.au/research-site/publications-site/ejournaloftaxresearch-site/Documents/eJTR_Vol13_No2_2015.pdf
http://hdl.handle.net/20.500.11937/6601