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Transfer Pricing — Arm's Length Standard Application
Multinational Subsidiary v Revenue Department
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Revenue Department reassessed cross-border intra-group service charges as below arm's length; taxpayer challenged the comparables.
Legal Issue
Whether the Revenue Department's transfer-pricing adjustment was supported by appropriate comparables and methodology.
Holding
Supreme Court line emphasises evidence-driven methodology selection; taxpayer's contemporaneous TP documentation strongly weighted; Revenue Department adjustments without proper comparables can be reversed.
Reasoning
Revenue Code §65 bis (4) and TP Notifications; OECD-style methodology accepted; contemporaneous documentation is key.
Significance
Reinforces the value of TP documentation; raises bar for Revenue Department adjustments.
Practical Takeaway
Multinationals should prepare contemporaneous TP documentation aligned with OECD methods + Thai-specific Notifications.
Cited Statutes
- Revenue Code §65 bis (4)
- Revenue Notification on transfer pricing
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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