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  1. bookVolume 26 (2020): Issue 40 (December 2020)
Journal of Legal Studies's Cover Image
Journal of Legal Studies
Journal Details
License
Format
Journal
First Published
16 Apr 2015
Publication timeframe
2 times per year
Languages
English
access type Open Access

Theoretical and Practical Assessments of Transfer Prices. Legal Evidence from Romanian Case Law

Florin Cornel Dumiter andFlorin Cornel Dumiter
Ștefania Amalia JimonȘtefania Amalia Jimon
Published Online: 07 Nov 2020
Page range: 1 - 18
Received: 01 Jul 2020
Accepted: 01 Sep 2020
Journal Details
License
Format
Journal
First Published
16 Apr 2015
Publication timeframe
2 times per year
Languages
English
Abstract

Transfer pricing represents the mainstream agenda in the light of tax law, lato sensu, and international taxation, stricto sensu. At the international level, there can be an emphasis on several problems related to taxation: double taxation, double non – taxation, permanent establishment, business profits, residence criteria, arm's length principle, mutual agreement procedure, dispute resolution of tax conflicts. However, the problem of transfer pricing has more profound judicial and economic implications. The main objective of this paper is to evaluate and assess the underlying features and characteristics of transfer prices in the economical and judicial actual context. The operational objectives are related to a quid pro quo analysis regarding the fine-tuning aspects of transfer pricing in the digital taxation era. The case law presented in this article tackles the main problems of applying transfer pricing international regulation upon Romanian tax jurisprudence. The conclusion of this article highlights the need, mutadis mutandis, for a tax policy agenda revealing a strengthened fiscal and financial environment towards the creation of a new proper fiscal space.

Keywords

  • International taxation
  • business profits
  • permanent establishment
  • advance pricing agreements
  • Romanian jurisprudence

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