The deadline for comments is June 30, 2017, on a discussion draft providing implementation guidance to tax administrations with respect to the approach to hard-to-value intangibles (HTVI). The Organization for Economic Cooperation and Development (OECD) issued the draft. All comments received on this discussion draft will be made publicly available.
The HTVI approach was described in the 2015 final report on BEPS Actions 8-10 (Aligning Transfer Pricing Outcomes With Value Creation) and incorporated into Chapter VI of the OECD Transfer Pricing Guidelines. Under the HTVI approach, tax administrations can propose adjustments to the transfer prices for intangibles based on ex post outcomes. Differences between ex ante projections and ex post results (not resulting from unforeseeable developments or events) may be an indication that the pricing arrangement was not at arm's length.