Ajustări de prețuri de transfer – tratamentul fiscal al impozitului pe profit și TVA-ului
Transfer price adjustments: fiscal treatment of profit tax and VAT

Summary/Abstract: Affiliated companies, which carry out intra-group transactions and have to make intra-group price adjustments as a result of: (i) a tax decision issued by the tax authorities following a tax inspection in the field, (ii) a firm commitment with the tax authorities (Advance pricing agreement), (iii) a voluntary adjustment of intra-group prices, usually done at the end of the year, in order to comply with the arm’slength principle, often faces the following questions: Do the transfer pricing adjustments imposed by the tax authorities impact only the incomes and expenses or could also impact the related VAT? But how should be treated the voluntary transfer pricing adjustments from a fiscal point of view? What happens to the affiliate partner’s tax base in case of these adjustments? Based on the professional experience gained over the time in the field, on the various cases analyzed but also on the interactions with both the represented taxpayers and also the tax authorities, we can afirm that the topic of transfer pricing adjustments is a long-standing one. The subject is a controversial one, given the legislative gaps in the field that leave an open „window” to subjective interpretations. Amid the confusion created by these disputes, through the present article we intend to bring a series of additional clarifications regarding the tax treatment of the transfer pricing adjustments from the perspective of the profit tax and the VAT.

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