K33 - International LawReturn

In this paper we focus on transfer pricing issues of SME with aim to propose a methodological tool in the form of panel-regression model estimating arm´s length EBIT margin of industry where SME is operating, which is based on the Action Plan of the European Commission to ensure fair and effective corporate taxation, fulfilling the premise of simplicity and non-increasing the administrative burden and compliance costs of taxation. As a result separate panel regression models were determined for each industry sectors and EU Member States based on the variables, such as operating revenues, payroll, added value and tangible fixed assets. Those regression factors are able to statistically significantly explain the variability in the generation of EBIT margin in case of SME in EU 28, which is often used for transfer pricing purposes. Panel regression models can be used as a simple methodological tool to estimate the arm´s length SME profitability in the industry sector and the state where is SME operating. Moreover, it is able to identify possible distortion of transfer prices if SME is not generating arm´s length EBIT margin based on the model.

In this paper we focus on transfer pricing issues of SMEs which impose relatively higher compliance costs of taxation on SMEs than on large entities which can benefit from economies of scale. Therefore, the international platforms recommend introducing the simplified transfer pricing approaches mainly for SMEs. Currently, 62% of EU Member States have implemented simplified transfer pricing measurements for them. The aim of the paper is to propose the methodical tool for SMEs in the form of safe harbours based on the arm's length profit margins in the selected industry sectors in order to reflect sectoral and size-classes differences. Further, we try to answer on the question, how wide margin is possible to apply in case of distributors if the proposed methodical tool is used and manufacturers generate different operating costs.