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Recent trends in transfer pricing litigation in Australia paper

Published on 14 Sep 11 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • the SNF decision
  • evidentiary challenges
  • attempts to stem the tide of losses
  • evidence of a global market
  • OECD guidelines
  • Roche Australia v the Commissioner of Taxation
  • relevant facts
  • expert reports
  • appropriate choice of comparables
  • contract between RB and Bayer AG ("Inhibace")
  • choice of OECD methodology.

Author profiles

Paul McNab CTA
Photo of author, Paul MCNAB Paul McNab, CTA, is the Principal of McNab Tax Lawyers and has more than 30 years of taxation experience. Prior to starting McNab Tax Lawyers, Paul was a tax partner and DLA Piper and was a leading partner in the Tax Controversy group of a ‘Big 4’ accounting firm where he also led the Australian firm Technology, Media and Telecommunications (TMT) sector practice for 4 years. In recent years he has provided extensive advice to multinationals changing their business structures in response to the commercial forces of globalisation and the BEPS initiatives prompted by the OECD. Paul has consulted to multinationals across a range of sectors and transactions and has litigated taxation matters in the state and federal courts, including the High Court of Australia. - Current at 28 May 2024
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Pete Calleja
Pete is PwC Australia’s national tax leader. Pete leads a national team of over 1,000 passionate and talented experts who have stand-out capability in local and global tax issues. Pete is dedicated to PwC’s strategy to embrace a diverse talent mix, by both increasing the proportion of females in senior roles, as well as increasing the proportion of individuals from diverse cultural backgrounds across the firm. As a leader, Pete proudly fosters an inclusive culture both within his leadership team and throughout the tax practice and broader firm. - Current at 08 January 2019
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Colin Little
Colin is a leading Tax Partner in Sydney with over twenty five years experience in the taxation field. For the past 19 years Colin has focused in assisting both public and private sector clients with complex advice and dispute work, ranging from audit negotiation and resolution through to litigation in the Federal, Supreme and High Court. Colin assists clients from all industry sectors including a range of multinational, large corporate and high net worth clients. Colin was previously a senior lawyer for the Australian Government Solicitor, representing the Commonwealth in a range of high profile Federal, Supreme and High Court matters. - Current at 08 April 2025
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