INTM453020 - Transfer pricing: governance structure and processes: Governance process for transfer pricing enquiries: What types of enquiry are within the governance

The transfer pricing governance applies from 1 April 2008 to any enquiry or potential enquiry where TIOPA10/Part IV (formerly ICTA88/SCH28AA) or the arm’s length principle may be invoked, so it covers

• transfer pricing of goods and services
• post-return thin capitalisation
• private equity leveraged buy-outs
• attribution of profit to permanent establishments (but not the question of whether a permanent establishment exists)

The transfer pricing governance does not apply to

• Advance Pricing Agreements
• Advance Thin Capitalisation Agreements
• Mutual Agreement Procedure/Competent Authority work

despite the fact that Transfer Pricing Group (TPG) resource is sometimes used in this work. These areas are subject to their own separate governance.