Analysis Method of Transfer Pricing Used by Multinational Companies Related to Tax Avoidance and its Consistencies to the Arm's Length Principle
Keywords:transfer pricing, multinational companies, tax avoidance, arm’s length principle
The purpose of this study is to evaluate about how Starbucks Corporation uses transfer pricing to minimize the tax bill. In addition, the study also will evaluate how Indonesia’s domestic rules can overcome the case if Starbucks UK case happens in Indonesia. There are three steps conducted in this study. First, using information provided by UK Her Majesty's Revenue and Customs (HMRC) and other related articles, find methods used by Starbucks UK to minimize the tax bill. Second, find Organisation for Economic Co-Operation and Development (OECD) viewpoint regarding Starbucks Corporation cases. Third, analyze how Indonesia’s transfer pricing rules will work if Starbucks UK’s cases happened in Indonesia. The results showed that there were three inter-company transactions that helped Starbucks UK to minimize the tax bill, such as coffee costs, royalty on intangible property, and interest on inter-company loans. Through a study of OECD’s BEPS action plans, it is recommended to improve the OECD Model Tax Convention including Indonesia’s domestic tax rules in order to produce a fair and transparent judgment on transfer pricing. This study concluded that by using current tax rules, although UK HMRC has been disadvantaged because transfer pricing practices done by most of multinational companies, UK HMRC still cannot prove the transfer pricing practices are not consistent with arm’s length principle. Therefore, current international tax rules need to be improved.
House of Commons Committee of Public Accounts. (2012). HM Revenue & Customs: Annual Report and Accounts 2011-12.
Kleinbard, Edward D. (2013). Through a Latte, Darkly: Starbucks's Stateless Income Planning. Tax Notes, June 24, 2013, pp. 1515-1535; USC CLEO Research Paper No. C13-9; USC Law Legal Studies Paper No. 13-10.
Nurhayati, Indah Dewi. (2013). Evaluasi Atas Perlakukan Perpajakan terhadap Transaksi Transfer Pricing pada Perusahaan Multinasional di Indonesia. Jurnal Manajemen dan Akuntansi, 2(1), 31-46.
Organization for Economic Co-operation and Development. (2008). OECD Model Tax Convention on Income and on Capital.
Organization for Economic Co-operation and Development. (2010). OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations.
Organization for Economic Co-operation and Development. (2013). Action Plan on Base Erosion and Profit Shifting.
Peraturan Direktur Jenderal Pajak No. PER-32/PJ/2011 tentang Perubahan Atas Peraturan Direktur Jenderal Pajak Nomor PER-43/PJ/2010 tentang Penerapan Prinsip Kewajaran dan Kelaziman Usaha dalam Transaksi Antara Wajib Pajak dengan Pihak yang Mempunyai Hubungan Istimewa.
Suandy, Erly. (2011). Perencanaan Pajak. Edisi ke-5. Jakarta: Salemba Empat.
Surat Direktur Pemeriksaan dan Penagihan No.S-153/PJ.04/2010 tanggal 31 Maret 2010 tentang Panduan Pemeriksaan Kewajaran Transaksi Afiliasi.
Tom Bergin. (2012). “Special Report: How Starbucks avoids UK taxes.”http://www.reuters.com/article/2012/10/15/us-britain-starbucks-taxidUSBRE89E0EX20121015
Access Date: 04 April 2014
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