Monday, 5 December 2016

Vietnam: Changes to transfer pricing rules proposed

The Vietnamese government recently released a draft decree that proposes comprehensive changes to Vietnam’s transfer pricing rules to better align them with OECD and BEPS principles.

The draft decree, which has been sent to the Ministry of Finance for comments, proposes significant changes to the definition of a related party, sets out the types of related party expenses that would be considered nondeductible based on a “substance-over-form” analysis and provides a safe-harbor limitation for deductions of related party interest expense.

The decree would increase taxpayer compliance burdens by requiring a substantial amount of local company and group business-specific information to be reported (including information relating to the newly introduced concepts of an “ultimate holding company” and “headquarters”) and imposing shorter information submission deadlines. Reporting requirements for certain related party transactions, however, would be relaxed. Other proposals include revisions to comparability analysis factors and the establishment of priority levels for independent comparables.

Source & more info: Deloitte