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Transfer Pricing Alert

Essential Supporting Files for Transfer Pricing Compliance

To ensure compliance with the Bureau of Internal Revenue (BIR) regulations, taxpayers must maintain comprehensive supporting files for transfer pricing. These documents demonstrate adherence to the arm's length principle and provide necessary proof for related party transactions.

Key points

  • Transfer Pricing Policy: A detailed policy outlining the taxpayer's approach to transfer pricing.
  • Transfer Pricing Documentation (TPD): If applicable, documentation or any proof of adhering to the arm's length principle.
  • Relevant Contracts and Proof of Transactions: Contracts and other documents that substantiate the transactions between related parties.
  • BIR Form No. 1709: Required if applicable, detailing related parties and transactions.
  • Proof of Payment of Foreign Taxes: Documentation or rulings issued by the foreign tax authority where the other party is a resident.
  • Withholding Tax Returns and Proof of Payment: Records of taxes withheld and remitted to the BIR.
  • Advance Pricing Agreement (APA): If any, agreements that provide certainty on transfer pricing methods.
  • Income Tax Return and Audited Financial Statements: Including disclosures on whether the entity is required to file an RPT Form and prepare TPD.
  • RAMO No. 1-2019 Annexes: Including Related Party Transaction, Segmented Financial Statements, Supply Chain Management Analysis, Functions, Assets, and Risks Analysis, Characteristics of Business, and Comparability Analysis.

(Revenue Audit Memorandum Order No. 1-2019)

Ensure all necessary supporting files for transfer pricing are meticulously prepared and maintained. Proper documentation not only ensures compliance with the BIR regulations but also strengthens your position in case of audits or disputes. Stay proactive and organized to uphold the integrity of your transfer pricing practices.

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