Tax memo: TCDR alert: Referrals to the Transfer Pricing Review Committee – More emphasis on penalty referrals

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Memo No. 2012-53

The Canada Revenue Agency recently published TPM 13 (one in a series of Transfer Pricing Memoranda) on referrals to the Transfer Pricing Review Committee (TPRC). The TPRC reviews:

  • the application of penalties on transfer pricing adjustments; and
  • all recharacterizations proposed by auditors.

TPM 13 is the third memorandum on this topic: it replaces TPM 07, issued in August 2005, which replaced the original TPM 01, issued in March 2003.

The main difference from TPM 07 is its increased focus on the penalty referral process and the role of the taxpayer in this process. In particular, TPM-13 provides more clarity with respect to the information the taxpayer is entitled to receive.

TPM 13 also introduces some minor procedural changes.

Read this Tax memo for more details.