Transfer pricing

The COVID-19 outbreak at the beginning of 2020 has caused an unprecedented worldwide crisis, first in healthcare, later in the economy. On the subject of the economy, although there has been much discussion about the various ways and times that the impatiently awaited recovery will occur, there are no signs of it happening in the short term, and the pandemic’s effects on the economy are likely to be felt for a long time. That also has an impact on transfer pricing, and will have (and is actually already having) important consequences on how controlled transactions are carried out within multinational groups, on how prices are determined in those transactions, and on how these issues must be addressed with the tax authorities.
The Brazilian Transfer Pricing (TP) rules, imposed on imports and exports of goods, services and rights carried out between related parties, were enacted back in 1996, based on a controversial and simplistic “arm’s length” methodology involving fixed profit margins and flexibility for taxpayers to choose the most appropriate calculation method for the parameter price. These rules have not been subject to major updates since then and have somehow deviated throughout the years from the TP Guidelines introduced by the Organization for Economic Cooperation and Development (OECD).
The current international health emergency is having a huge impact in every area, including tax, and will foreseeably have lasting effects. Transfer pricing is not immune to this situation and its consequences are being felt in elements such as intra-group financing, how controlled transactions are carried out, priced and documented, or the advance pricing agreements concluded with the tax authorities.
Law no.119/2019, 18 September, was officially published, which amends, among others, the transfer pricing regime, namely articles 63, 130 and 138 of the Corporate Income Tax (“CIT”) Code, which establish the transfer pricing regime, the tax file obligations and the advance pricing agreements.