The OECD Working Party looking at the transfer pricing of intangibles, including intellectual property, met in late March in Paris. The OECD has now published details, including the supporting presentations of that meeting.
The OECD has identified transfer pricing issues pertaining to intangibles as a key area of concern to governments and taxpayers, due to insufficient international guidance in particular on the definition, identification and valuation of intangibles for transfer pricing purposes.
The OECD is now considering starting a new project on the Transfer Pricing Aspects of Intangibles which could result in a revision of Chapters VI and VIII of the TPG (which deal with intangibles) and is looking for comments on these issues.
The OECD has issued a draft of revised transfer pricing guidelines; the draft considers particularly the comparability analysis and transactional profit methods of transfer pricing, with the revisions following from discussions on these methods over the last three years. The first example (Annex I) considers intangible assets, and the second (Annex II) looks at marketing intangibles.