Arm's Length Compliance

Transfer Pricing Advisory

Comprehensive TP documentation, benchmarking, Master File / Local File preparation, and BEPS compliance for related-party transactions across borders.

⏱ 4–12 Weeks 📋 10+ Deliverables 🌍 India + Global

What is Transfer Pricing?

Transfer Pricing governs the pricing of goods, services, and intangibles traded between related entities. Indian TP regulations (Sections 92A-92F) require that such transactions be at arm's length, supported by comprehensive documentation.

Why It Matters

TP adjustments by the Indian tax authorities can increase taxable income by 10-30% and attract penal interest. With the introduction of BEPS Action 13 (Master File / Local File / CbCR), documentation requirements have become significantly more stringent.

SilverSiX provides end-to-end TP support — from functional analysis and benchmarking to APA applications and dispute resolution.

📊 TP Compliance Snapshot

  • Threshold: ₹ 10 Cr for documentation (domestic) / ₹ 1 Cr (international)
  • Methods: CUP, RPM, CP, TNMM, PSM, CPM
  • Master File: ₹ 500 Cr+ consolidated revenue
  • CbCR: ₹ 6,500 Cr+ consolidated group revenue
  • APA: Unilateral, Bilateral, Multilateral
  • Safe Harbour: Available for IT/ITES, financial transactions

Comprehensive TP Services

📈 TP Study & Benchmarking

Comprehensive functional, risk, and asset analysis with comparable company search and arm's length range determination.

  • Functional, Risk & Asset (FAR) analysis
  • Comparable company search (Indian + global)
  • Arm's length range computation
  • Multiple year data analysis

📁 Master File & Local File

Preparation of BEPS Action 13 compliant documentation for Indian and global reporting.

  • Master File (Group-level information)
  • Local File (Entity-level transactions)
  • CFS / segment-wise financials
  • Intangible ownership & DEMPE analysis

🌍 CbCR & BEPS

Country-by-Country Reporting and BEPS Action Plan compliance for MNE groups.

  • CbCR preparation & XML generation
  • BEPS Action 8-10 (intangibles, risk, capital)
  • BEPS Action 13 (documentation)
  • BEPS Action 6 (treaty abuse)

🤝 APA Applications

Advance Pricing Agreement applications for certainty on future related-party transactions.

  • Unilateral APA (UAPA)
  • Bilateral APA (BAPA)
  • Multilateral APA (MAPA)
  • Renewal APA applications

💡 Intangible Pricing

Valuation and pricing of intellectual property, royalties, and technology transfers.

  • Royalty rate benchmarking
  • Brand valuation
  • Technology transfer pricing
  • DEMPE functional analysis

⚖️ Dispute Resolution

Representation before Transfer Pricing Officers and Appellate authorities.

  • TP scrutiny assessment defence
  • MAP (Mutual Agreement Procedure)
  • Secondary adjustment compliance
  • Safe Harbour election

Our TP Process

1

Transaction Identification

We identify all related-party transactions (goods, services, intangibles, financial) and classify them by nature and value.

2

FAR Analysis

Detailed functional, risk, and asset analysis of each entity to determine the most appropriate TP method.

3

Benchmarking

Comparable company search using databases (Prowess, Capitaline, Orbis) and application of appropriate filters.

4

Documentation

Preparation of Accountant's Report (Form 3CEB), Master File, Local File, and CbCR (if applicable).

5

Advisory & Optimization

Recommendations for TP policy changes, cost allocation, and safe harbour opportunities.

6

Dispute Support

Representation before TPO, DRP, and ITAT. MAP and APA support where applicable.

What You Receive

DeliverableDescriptionTimeline
TP Policy DocumentGroup-level transfer pricing policy & methodologyWeek 2
FAR AnalysisFunctional, risk & asset profile of each entityWeek 3
Benchmarking ReportComparable search, filters & arm's length rangeWeek 4–6
Form 3CEBAccountant's report for related-party transactionsOctober 31
Master FileBEPS Action 13 compliant group documentationNovember 30
Local FileEntity-level transaction documentationNovember 30
CbCRCountry-by-Country Report (XML + form)November 30
APA ApplicationDraft APA submission to CBDT (if elected)Per engagement

Common Questions

What is the penalty for non-maintenance of TP documentation?
Penalty of 2% of the value of each international transaction and specified domestic transaction can be levied under Section 271G for failure to maintain TP documentation.
When is CbCR mandatory in India?
CbCR is mandatory if the consolidated group revenue of the MNE group exceeds ₹ 6,500 Crores (approx. EUR 750M) in the preceding accounting year.
What is Safe Harbour in TP?
Safe Harbour provides predetermined margins for certain categories of taxpayers (e.g., IT/ITES, financial transactions). If elected, the taxpayer is exempt from TP scrutiny for those transactions.
Can I apply for an APA retrospectively?
Yes. Rollback APAs are permitted for up to 4 preceding years (in addition to the 5 prospective years), subject to certain conditions and the tax authority's acceptance.
What is secondary adjustment?
If a TP adjustment is made, the excess / shortfall is treated as a deemed loan/advance. Secondary adjustment provisions require the Indian entity to repatriate / receive the adjustment amount within 90 days.

Ready to Structure Your Transfer Pricing?

Book a confidential discovery call with our advisory team. We assess your situation and outline a clear execution roadmap within 48 hours.

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