Transfer Pricing & Supply Chain Taxation

Transfer Pricing & Supply Chain Taxation - Australia

Transfer pricing is a critical piece of the global BEPS puzzle. Wherever you do business, leverage our global network to find truly independent and expert transfer pricing solutions.

Recent global reforms through the OECD/G20 BEPS project mean that transfer pricing is no longer limited to economic or accounting analysis. The legal interpretation of transfer pricing laws is, more than ever, critical.

King & Wood Mallesons’ global transfer pricing team have the expertise required to plan and implement your cross-border arrangements in compliance with global, regional and local legislative regimes. King & Wood Mallesons’ Band 1 Chambers ranking reflects our position as Australia’s pre-eminent tax lawyers. We have unmatched experience in assisting clients in regulatory transfer pricing investigations and litigation.

Our value add lies in our ability to robustly test the positions taken by your transfer pricing accountant in an independent and efficient way.

Our experience in advising on and running seminal anti-avoidance and transfer pricing litigation allows us to stay at the forefront of transfer pricing reform globally.

In the context of transfer pricing disputes, an independent advisor, free from the shackles of any positions taken at the transaction or documentation stage, helps resolve disputes in a more efficient and effective manner. As tax lawyers rather than accountants and economists, we provide truly independent advice, whether at the annual transfer pricing compliance stage or audit review stage. For this reason, we are often asked to provide second-opinions on transfer pricing risks and strategies.

Our experience is that transfer pricing disputes are often resolved having regard to broader tax issues. Our tax partners can provide legal, tax, transfer pricing and litigation advice simultaneously, promoting efficiencies and saving our clients from unnecessary cost in separately briefing multiple advisors.

Major client experience

  • Acting for Chevron in Australia in a transfer pricing dispute currently before the Australian courts, as one part of the ongoing transfer pricing support we have been providing to Chevron in relation to the funding of its Australian LNG projects
  • Acting for a multinational utility group and multinational financial conglomerate in transfer pricing financing disputes
  • Advising on transfer pricing issues and preparing transfer pricing documentation for a multinational food manufacturer
  • Advising a multinational food producer on transfer pricing issues associated with its international operations
  • Advising a number of smaller multinationals with their transfer pricing compliance obligations.

How can we help you?

King & Wood Mallesons’ transfer pricing team has experience providing a full range of transfer pricing, supply chain and BEPS-related services, including:

  • Advising on global, regional and local transfer pricing laws
  • Planning effective transfer pricing strategies and drafting transfer pricing policies
  • Providing second-opinions on transfer pricing positions as truly independent and experienced lawyers
  • Performing economic/benchmark analysis
  • Preparing global and local transfer pricing documentation
  • Audit defence, negotiation and litigation services.

KWM Australia has a large specialist tax practice advising on international trade issues and especially transfer pricing. The practice extends to the longest-running specialist tax controversy practice of any law firm in Australia, having run over 150 trials and appeals since 1987. This includes 14 High Court (the equivalent of the US Supreme Court) tax appeals. We have unique insights from being the only law firm to have run test case litigation concerning Australia’s new transfer pricing laws on behalf of the taxpayer.

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

Following the Chevron judgment, the ATO has released PCG 2017/D4: ATO compliance approach to taxation issues associated with cross-border related party financing arrangements and related transactions.

17 July 2017

Analysis of the 2017-18 Australian Federal Budget: key tax changes for corporates and small business, personal tax reforms, and funds and superannuation updates.

09 May 2017

Analysis of the 2017-18 Australian Federal Budget's key foreign investment and international tax changes including an expansion of the multinational anti-avoidance law.

09 May 2017

Analysis of the 2017-18 Australian Federal Budget's proposed reforms including affordable housing through MITs and superannuation.

09 May 2017