Preparing a Defense-Ready Transfer Pricing (TP) Documentation which Complies with TP Rules 2023

INTRODUCTION

Will your TP documentation be able to meet the requirements of the Transfer Pricing Rules 2023 which is effective for the Year of Assessment 2023?
Non-compliance will result in a penalty of RM20,000 to RM100,000 per year of assessment or imprisonment up to six months on conviction.

A Contemporaneous TP Doc has to:

1. be prepared before the due date for furnishing your tax returns
2. contain all relevant information mentioned in the new Schedules 1, 2 and 3
3. indicate the date on which the Contemporaneous TP Doc is completed
4. contain any information, data or related documents to determine the arm’s length price

Another question to ask is whether your TP Documentation is adequate for an audit defence? Will it be able to support the TP positions taken by you?
Any TP adjustments that IRB may make for non-arm’s length transactions will carry a surcharge of 5% of the amount of the adjustment. Are you prepared for a TP audit?

COURSE OUTLINE

Session 1: TP Rules 2023

• Quiz

• Understanding the requirements of TP Rules 2023

• Additional info, data and doc requirements in Schedules 1 and 2

• IRB’s Feedback on Common Areas of Non-Compliance

• Penalty for non-compliance with TP Rules 2023

• Q&A

Session 2: Challenging Areas of TP Documentation Preparation

• Meeting the deadline

• Characterisation and TP Policy

• Transaction-by-transaction method vs Whole of entity method

• Choosing suitable Comparables

• Case studies

• Intra-group services

• Intra-group financing

• Q&A

Session 3: TP Audits

• Latest Update on TP Audits

• Common TP Audit Issues

• Case studies

• TP risk assessment

• TP risk mitigation

• Q&A

• Quiz

PROFILE(s)

Theresa Goh is the Founder and CEO of TG Consulting Sdn Bhd.. She is currently providing Transfer Pricing (TP) services to multinational as well as local clients. These services include TP Audit Defence, Tax and TP Advisory, Preparation of TP Documentation and APA negotiation. She also advises and assists local and multinational clients with their applications for tax incentives. She is a Certified and Accredited Trainer with HRD Corp. She has conducted training for professional bodies (MIA, MICPA & CTIM) and has provided In-house training to local conglomerates on Transfer Pricing. Prior to TG Consulting, she was a Senior Tax Partner in Deloitte Southeast Asia for 19 years. In a career spanning more than 40 years in Deloitte, she served major multinational clients in addition to domestic corporates. She served as the National Transfer Pricing Leader for 18 years.