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Transfer Pricing Alert

Meeting the Deadline: Timely Preparation of Transfer Pricing Documentation

The Bureau of Internal Revenue (BIR) mandates that Transfer Pricing Documentation (TPD) must be prepared either prior to or at the time of undertaking related party transactions, or not later than the filing due date of the tax return for the taxable year in which the transactions took place. This ensures the integrity and compliance of taxpayers' positions.

Key points

1. Timing of TPD: TPD must be prepared before or at the time of the transaction, or after the transaction but before the annual income tax return deadline for the fiscal / calendar year.

Thus, for taxpayers adopting the calendar year ending December 31, 2024, the TPD must be prepared on or before April 15, 2025.

2. Contemporaneous Documentation: TPD is considered contemporaneous if it exists or is created when associated enterprises develop or implement arrangements that might raise transfer pricing issues, or when these arrangements are reviewed while preparing tax returns.

3. Compliance: The requirement for contemporaneous documentation ensures that taxpayers' positions are well-documented and compliant with BIR regulations.

4. Integrity: Submitting contemporaneous documentation upholds the integrity of the taxpayers' transfer pricing positions and supports accurate tax reporting.

(Revenue Memorandum Circular No. 76-2020)

Preparing TPD in a timely and compliant manner to meet BIR requirements not only strengthens taxpayers' positions but also helps avoid potential disputes and penalties. Stay proactive and ensure the integrity of your transfer pricing practices.

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