Yesterday, ARCA realeased the draft amendment to the Transfer Pricing regulations. Based on the experience gained since the current framework came into effect, the Agency proposes to refine certain criteria and scopes, which would ultimately replace General Resolutions 4717 and 5010.
The main changes relate to:
- The redefinition of minimum filing thresholds.
- The possibility of defining the tested party, along with the exceptions under which the foreign counterparty may be analyzed.
- The criteria for selecting comparables and the application of comparability adjustments.
- The treatment of intercompany services and a potential safe harbor for low value-adding services.
The draft has been submitted to the public consultation and participatory rule-making procedure, allowing interested parties to submit comments and suggestions until December 12, 2025.
At AMC we will be reviewing the draft and sharing our observations in the coming days.