Regardless of the nature of the credit balance, transfer pricing considerations are generally determined by the following issues: the United Kingdom has specific transfer pricing rules in the UK in its legislation, which should be read with the intra-group lending guidelines published by HMRC. Under UK transfer pricing rules in general, a business can be considered “low capitalized” when an intragroup loan exceeds the amount the borrower could or could have borrowed from an independent lender. This indicates that the entity does not have sufficient capital to support additional debts. In this case, interest on the excessive portion of the intragroup loan cannot be admitted. For more information, see the exercise notice: What happens if transfer pricing rules apply? Even with the proliferation of mechanical barriers to interest rates, such as the limitation of business interest rates in the UK, transfer pricing remains an effective instrument and is at the heart of the question of how tax treaties grant tax on interest amounts for nearby businesses. Issues agreed between the parties in intragroup transfer pricing situations should be confirmed by written agreements specifying the parties to the agreement, the purposes of the agreement and the rights and obligations of the parties. At least the date the loan was signed, the amount of capital lent by the group company, the terms of interest applied, the method of payment of interest and the conditions under which the loan matures should be implemented in the financing agreements. The OECD guidelines on compensation charges form the basis on which the United Kingdom and many countries around the world interpret the application of the length principle, but these guidelines do not currently contain specific considerations for funding agreements. With respect to financing agreements, the UK`s transfer pricing rules are much more important than other types of transactions. Intragroup financial transactions are an essential part of the activity of multinationals (MNEs). From a transfer pricing perspective, it is important to ensure that the terms and conditions for intra-group financial transactions are in line with the terms agreed upon by independent companies and that the profits paid to the related party correspond to the profits that would be paid to an independent entity in a similar situation. For loans issued in 2020, there are three important categories of transfer pricing: in addition, interest on intragroup lending can be considered if the terms of the intragroup loan differ from those agreed with or between independent lenders, for example.
B because the term of the loan is longer than it would otherwise have been. , the restrictions imposed by the borrower are too generous or the security package provided by the borrower would be insufficient along the length of the arms.