INTM412030 - Transfer pricing: legislation: rules: meaning of 바카라 사이트榩erson바카라 사이트�
Meaning of 바카라 사이트減erson바카라 사이트� in TIOPA10
TIOPA10/S147 refers to provision made or imposed between any two (connected) persons, suggesting a broad scope for the schedule, as the term persons includes bodies corporate, partnerships and individuals.
The reference in S147(1)(d) requires the actual provision to be compared with the arm바카라 사이트檚 length provision that would have been made between independent enterprises. This merely requires that the comparison is with the transaction that would be entered into by independent enterprises; it does not require that the persons themselves must be enterprises.
Consequently, for example, charities will meet the basic pre-condition of TIOPA10/S147(1)(a) - see INTM412020 - as they are 바카라 사이트榩ersons바카라 사이트� within the meaning of TIOPA10/S147 regardless of the fact that they will not usually be enterprises.
The basic transfer pricing rule of TIOPA10/S147(3) or (5) will not apply to charities in respect of any of their profits which are exempted from tax (under, for example CTA10/S478) as they will then fail to meet the 바카라 사이트榩otential advantage바카라 사이트� requirement of TIOPA10/S147(2)(b) or (4)(b).
A person includes both individuals and legal persons such as companies. Person also includes a body of persons.
TIOPA10/S164 requires Part 4 to be construed in accordance with the OECD Model Tax Convention, as interpreted by the OECD Transfer Pricing Guidelines. Article 9 of the convention sets out the arm바카라 사이트檚 length principle by reference to conditions made or imposed between enterprises. Article 3 defines enterprise as 바카라 사이트渢he carrying on of any business바카라 사이트�.