Tax Policy Bulletin European Commission’s Joint Transfer Pricing Forum mandate and new composition confirmed 10 June 2015 In brief On 12 May 2015, the Director-General for Taxation and Customs Union appointed the Members and the Chairperson of the EU Joint Transfer Pricing Forum (JTPF) for the next two year mandate starting on 1 April 2015 till 30 March 2017. For the first time since its set up in 2002, the European Commission has appointed organisations rather than individuals. The new composition of the JTPF also includes non-governmental institutions alongside multinational enterprises, Professional Services Firms, industry organisations and government representatives of each Member State. The Network of PwC Member Firms, appointed as one of only 18 non-government organisations, will be represented by Isabel Verlinden (Appointed) and Ionut Simion (Alternative). Isabel Verlinden has previously served as a Member of the JTPF for many years in a private capacity with Ionut Simion’s assistance throughout those years. In detail On May 12, the DirectorGeneral for Taxation and Customs Union appointed the Members and the Chairperson of the Joint Transfer Pricing Forum (JTPF) for the next two year mandate starting on 1 April 2015. The JTPF assists and advises the European Commission (the Commission) on transfer pricing tax matters. Since its set-up in 2002, the JTPF proposes nonlegislative solutions to practical problems posed by transfer pricing practices in the EU. This expert group on transfer pricing operates on a basis of consensus and works within the framework of the OECD Transfer Pricing Guidelines. The JTPF focuses on two main areas: the Arbitration Convention (a specific dispute resolution mechanism for transfer pricing cases) and other transfer pricing issues identified by the JTPF and included in its work programme. Convention, best practices in the context of Advance Pricing Arrangements and its work on “low value adding intra-group services” which formed the basis of the OECD’s discussion draft on the same topic in the framework of the Base Erosion and Profit Shifting Action Plan (Action Point 10 - Discussion Draft on Low Value-Adding Intra-Group Services issued in November 2014). Examples of its achievements include the standardisation of EU Transfer Pricing documentation, the Monitoring of the EU Arbitration Every EU Member State is represented whereas candidate Member States can be invited as observers. The JTPF has one representative from each www.pwc.com Tax Policy Bulletin Member State’s tax administration and the Commission also appoints 18 non-government organisation members. It is chaired by an independent chairperson. For the first time in its history, the Commission has appointed organisations rather than individuals. In their application to the Commission, organisations were requested to appoint a credentialed transfer pricing expert to represent the organisation, and also an alternate, where needed or appropriate. The Network of PwC Member Firms was appointed as one of the 18 nongovernment organisation members of the JTPF and is honoured to 2 meaningfully contribute to the JTPF through its global network of transfer pricing professionals and to continue its efforts to find workable solutions for all stakeholders within the arm’s length principle. The takeaway It will be represented by Isabel Verlinden, PwC’s Global Head of Transfer Pricing. Ionut Simion, PwC’s newly appointed Territory Senior Partner in Romania and CEE Transfer Pricing Leader will serve as her alternative. Of particular interest is the somewhat more diverse composition of the JTPF’s non-government members. In addition to multinational enterprises, Professional Service Firms and industry organisations, nongovernmental institutions now also have a seat at the table. Isabel has been a Member of the JTPF in a personal capacity for many years whereas Ionut has assisted her throughout this term. The first meeting of the newly mandated JTPF will be on 25 June 2015. The Members and the Chairperson of the EU Joint Transfer Pricing Forum (JTPF) have been appointed for a two year mandate. The list of organisations appointed as members of the JTPF is as follows: Name of the organisation Appointed representative Alternative BDI (Federation of German Industries) Kaiser, Philipp Stoltenberg, Julia BEPS Monitoring Group Picciotto, Solomon Hji Panayi, Christiana Brose Fahrzeugteile GmbH & Co KG Menninger, Jutta CMS Bureau Francis Lefebvre Gilbert, Bruno Deloitte Georgijew, Iwona Morris, Edward EATLP (European Association of Tax Law Professors) Martín Jiménez, Adolfo Kofler, Georg Eurodad Ryding Tove, Maria Hallun, Christian Financial Transparency Coalition Roovers, Koen Cobham, Alex Grant Thornton Dali-Ali, Chaid Nicholls, Wendy International Tax Center Leiden (Transfer Pricing Research Center) Simontacchi, Stefano A.P. Moller Maersk van der Torre, Mark-Jan NERA Economic Consulting Llinares, Emmanuel Plansee Group Baumgartner, Brigitte Prysmian Group Beretta, Laura De Robertis, Gianni PwC Network of Member Firms Verlinden, Isabel Simion, Ionut Repsol Group Bermúdez, Rocío Bokobo, Susana TPCA (Transfer Pricing Center Association – Stowarzyszene Centrum Cen Transferowych) Rzymkowska, Sylwia AB Volvo Barenfeld, Jesper Gonnet, Sébastien pwc Tax Policy Bulletin Let’s talk For more information, please contact: Transfer Pricing Isabel Verlinden, Brussels +32 2 710 44 22 [email protected] Ionut Simion, Bucharest +40 21 225 3702 [email protected] Gaby Bes, Amsterdam +31 8 879 24 144 [email protected] Jonas Van de Gucht, Brussels +32 9 268 8336 [email protected] Global Tax Policy Stef van Weeghel, Amsterdam +31 (0) 8 879 26 763 [email protected] Stay current and connected. 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