Advanced litigation strategies in transfer pricing
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Advanced Litigation Strategies in Transfer Pricing. Prof D N Erasmus Prof A Venter . Introduction Background Tax Administration Process - BEFORE the Audit - DURING the Audit - AFTER the Audit Litigation. Content. REASON for the seminar PURPOSE of the seminar. Background.

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Presentation Transcript

Content

Introduction

Background

Tax Administration Process

- BEFORE the Audit

- DURING the Audit

- AFTER the Audit

Litigation

Content


Background

REASON

for the seminar

PURPOSE

of the seminar

Background


BACKGROUND: REASON for the Seminar

19 July 2013

16 Feb 2013

30 July 2013

30 April 2013

RECENT PUBLICATIONS


Tax admin process

BEFORE the Audit

DURING the Audit

AFTER the Audit

LITIGATION

Tax Admin Process


BEFORE the Audit: Key Indicators

  • Level of detail & sophistication to be pursued (p6)

  • Q?s to be answered in a TP Risk Assessment Process (p8)

  • Risk Factors (p11)

  • Evaluating TP risk (p13)

  • Risk Assessment Process (p30)

  • Sharing risk assessments with taxpayers (p33 par. 147)


BEFORE the Audit: Documentation Requirements

  • Refer to the documentation WHITE PAPER pages 23 – 25

  • Discharging the onus of proof

  • Efficient & Effective use resources

  • The Constitution s 232 and soft law

  • The Constitution ss 1(c), 2 and 195

  • Shuttleworth case para’s[44]and [46]

  • SARS Act s 4(2)


DURING the Audit

  • Ensuring compliance with the TAA sections on the status of the audit, and the letter of findings at the conclusion of the audit…

  • Relevant material

  • s 3(2) of TAA

  • s 41 of TAA

  • s 42 of TAA

  • s 46 of TAA

  • s 102 of TAA – onus of proof

  • s 105 – court forum


BEFORE the Audit: Audit Engagement Letter

  • Refer to the suggested Audit Engagement Letter


AFTER the Audit

  • Ensure a comprehensive response to the letter of findings

  • Ensure an objective review by SARS

  • Promotion of Administrative Justice Act

  • Consider any Review Application to the High Court for procedural defects

  • Invoke the MAP process

  • Draft a comprehensive request for reasons

  • Draft a comprehensive Letter of Objection

  • Other issues


Litigation

  • Costs of proceeding directly to litigation

  • Guarding against the potential Loss of Evidence

  • Potential for settlement

  • Onus of proof

  • Discovery regarding expert witnesses

  • Foreign Law in TP cases

  • Other issues


Contact

  • Prof Daniel N Erasmus

  • 083-458-8422

  • +1 561-568-7115

  • [email protected]

Contact


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