Does the “Realistic Options” Concept in the OECD TP Guidelines Undermine Legal Certainty and the Arm’s Length Standard?
Journal
Country
International; OECD
Published Date
Issue
Bulletin for International Taxation 2025 (Volume 79), No. 2
Document
This article contends that the undetermined concept of “options realistically available” that is used in the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations leads to relevant breaches of the principle of legal certainty and the arm’s length standard.