ATO has been issuing various TP guidance
It is increasingly important to proactively address potential transfer pricing (TP) issues and related tax risks associated with the development, enhancement, maintenance, protection and exploitation (DEMPE) of intangible assets in the global economic environment.
While recent Australian cases, including
Tech Mahindra Limited v. Federal Commissioner of Taxation (2015) TR 775, have principally focused on, among other things, the distinction between royalties and either payments for services rendered or payments for the assignment of intellectual property, the ATO has been more rigorously pursuing and issuing guidelines on the TP, withholding tax and related consequences of a broad range of dealings with intangible assets.