On 21 February 2018, the Italian Ministry of Finance invited interested parties to provide comments on the discussion drafts related to the implementation of the Italian Transfer Pricing rules. LED Taxand, Taxand Italy, presents an analysis on the new Italian transfer pricing regulations.
In particular, three documents were released:
(a) A draft Ministerial Decree providing guidelines for the application of the arm’s length principle
(b) A draft Revenue Agency Regulation implementing the request for unilateral downward Transfer Pricing adjustment (so called corresponding adjustment)
(c) A draft translation into Italian of the 2017 OECD Transfer Pricing Guidelines
Such measures, jointly with an announced specific training of the Italian tax auditors on Transfer Pricing issues, are aimed to obtain an application of the arm’s length principle more compliant with the OECD Transfer Pricing Guidelines.
The draft translation into Italian of the relevant parts of 2017 OECD Transfer Pricing Guidelines shall be welcomed with favour since it should allow an application of the arm’s length principle more in line with the OECD guidelines by all the parties involved (taxpayers, tax auditors and tax courts).