The beginning of each calendar year traditionally entails intensive work on audits of financial statements. Among multinational corporations, in particular, accounting issues are very often closely connected to an audited entity’s cooperation with related parties.
Among the issues considered:
Even though a proper audit of the financial statements may not entirely avoid transfer pricing, a detailed analysis of intercompany transactions is definitely not its primary objective. Neither are the auditor’s report or the report on relations intended to represent evidence of the accounting entity’s application of transfer prices in compliance with the arm’s length principle.
Instead, an entity’s transfer pricing documentation needs to summarise evidence confirming that the methods of setting prices in intercompany transactions as well as the conditions and circumstances of the transactions are in line with the conditions and procedures that would have been applied by independent business partners under similar circumstances.
As obvious from decisions by the Czech courts, requirements on the quality of transfer pricing documentation have been growing. Documents such as contracts and invoices are not sufficient to prove that services have actually been rendered at an arm’s length price.
Apart from discussions with auditors and tax authorities on transfer pricing issues, management must also cope with the demanding requirements of the concept of due managerial care. Statutory representatives are expected to show essential knowledge and necessary levels of care in all aspects of management. For example, seeking the general meeting’s agreement with transactions under conditions other than at arm’s length does not lessen the statutory representatives of their liability.
The Czech criminal law imposes even stricter requirements—and not only on company management. An individual holding a position as statutory representative, finance director or chief accountant may face criminal prosecution even for an indirect intent to intervene in accounting records, maintain and keep accounting and tax documentation, or communicate with government bodies and business partners in a manner that may result in tax evasion. Such prosecution may result in the prohibition of professional activities, pecuniary punishment, confiscation of property, or even imprisonment.
The greater the amount of tax evaded, the greater the punishment. Imprisonment can be imposed for acts involving a “substantial amount.” Taking into account a multinational corporation’s typical value of invoices for goods and services, it would be prudent to prepare transfer pricing documentation that meets all relevant quality standards.
Read a February 2019 report prepared by the KPMG member firm in the Czech Republic
© 2020 KPMG International Cooperative (“KPMG International”), a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved.
Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.