Specific legislative responses to international transfer pricing - a trans-Tasman comparison

The importance of international trading and multi-national corporate groups means that tax regimes will commonly contain provisions allowing for the adjustment of transfer prices on cross-border transactions. An examination of the taxation Acts of Australia and New Zealand reveals vast differences in scope and clarity, with the New Zealand legislation (presently) containing only a single, rather dated, provision. The author contrasts the two legislative approaches, and also examines the relevant article of the Double Tax Treaty which exists between the countries. One of the most difficult issues in this area is the determination of an arm's length price, and recent developments in the USA are discussed. The author stresses the need for transfer pricing laws to provide guidance to taxpayers and the Revenue as to the method(s) to be adopted in such cases.