William Byrnes' Tax, Wealth, and Risk Intelligence

William Byrnes (Texas A&M) tax & compliance articles

Transfer Pricing

practical_guide_book

William Byrnes’ completely revised 4th Edition Practical Guide to U.S. Transfer Pricing (2020) is updated annually to help multinationals cope with the U.S. transfer pricing rules and procedures, taking into account the international norms established by the Organisation for Economic Co-operation and Development (OECD). It is also designed for use by tax administrators, both those belonging to the U.S. Internal Revenue Service and those belonging to the tax administrations of other countries, and tax professionals in and out of government, corporate executives, and their non-tax advisors, both American and foreign.  Sixty co-authors contribute subject matter expertise on technical issues faced by tax and risk management counsel.  Free download of example 2017 chapter 2 here

Contents

new Table of Contents old chapter numbers
United States Section
Chapter 1 Overview of Transfer Pricing CHAPTER 1: Overview of Transfer Pricing William Byrnes
Chapter 2 Application of Section 482 Before Other Code Sections CHAPTER 24 Application of Section 482 Before Other Code Sections Karl Kellar
Patrick Browne
Christopher Hanfling
Chapter 3 Determination of Related Person Status CHAPTER 3: Determination of Related Person Status William Byrnes
Chapter 4 Finding and Selecting Comparables CHAPTER 4: Finding and Selecting Comparables Aaron Okin
David Fijol
Chapter 5 Comparable Uncontrolled Price (CUP) Method CHAPTER 5: Comparable Uncontrolled Price (CUP) Method William Byrnes
Chapter 6 Resale Price Method (RPM) and Alternatives to Traditional Buy-Sell Distributors CHAPTER 6: Resale Price Method (RPM) and Alternatives to Traditional Buy-Sell Distributors Aaron Okin
David Fijol
Chapter 7 Cost Plus Method CHAPTER 7: Cost Plus Method William Byrnes
Chapter 8 Comparable Profits Method CHAPTER 9: Comparable Profits Method Thomas Horst
Bill Morgan
Lesley Cameron
Chapter 9 The Berry Ratio: More than a Profit Level Indicator? Chapter 9A: Berry Ratio Lorraine Eden
Tetiana Zakrevska
Chapter 10 Transfer Pricing Rules and Methods for Intangible Property CHAPTER 8: Transfer Pricing Rules and Methods for Intangible Property Ted Keen
Chapter 11 Profit Split Methods CHAPTER 10: Profit Split Methods Harlow Higinbotham
Chapter 12 Profit Split for Business Service Companies chapter 29 profit split for business service companies William Byrnes
Chapter 13 Cost Sharing Arrangements CHAPTER 13: Cost Sharing Arrangements William Byrnes
Chapter 14 Transfer Pricing for Services CHAPTER 14: Transfer Pricing for Services Rocco Fernia
Chapter 15 Unspecified Methods CHAPTER 11: Unspecified Methods Karl Keller
Patrick J Browne Jr
Chris Hanfling
Chapter 16 Functional Analysis and Choosing the Best Method CHAPTER 12: Functional Analysis and Choosing the Best Method Valerie Amerkhail
Jerrie Mirga
Chapter 17 Second-Level Effects of Transfer Pricing Adjustments CHAPTER 17: Second-Level Effects of Transfer Pricing Adjustments Sean Foley
Cameron Taheri
Chapter 18 Documented Self-Compliance and Transfer Pricing Penalties CHAPTER 18: Documented Self-Compliance and Transfer Pricing Penalties Carlos Perez Gautrin
Chapter 19 IRC Sections 6038A and 6038C: Record-Keeping, Record Production, and Reporting for Foreign-Owned Groups CHAPTER 20: IRC Sections 6038A and 6038C: Record-Keeping, Record Production, and Reporting for Foreign-Owned Groups William Seeger
Chapter 20 Examination and Appeals CHAPTER 21: Examination and Appeals Reeves Westbrook
Emin Toro
Sam Maruca
Lauren Ann Ross
Chapter 21 Advance Pricing Agreements (APAs) CHAPTER 19: Advance Pricing Agreements (APAs) Henry Birnkrant
Ryan Kelly
Chapter 22 Competent Authority to Avoid Double or Excessive Taxation From Transfer Pricing Adjustments CHAPTER 22: Competent Authority to Avoid Double or Excessive Taxation From Transfer Pricing Adjustments Barb Mantegani
Chapter 23 Transfer Pricing Effects of Customs Actions and Customs Effects of Transfer Pricing Actions CHAPTER 25: Transfer Pricing Effects of Customs Actions and Customs Effects of Transfer Pricing Actions Ralph Sheppard
Chapter 24 Code Provisions That May Preempt IRC Section 482 or Are Alternatives to IRC Section 482 Chapter 24 Code Provisions That May Preempt IRC Section 482 or Are Alternatives to IRC Section 482
Kellar, Browne, & Hanfling
Chapter 25 Relationship of Section 482 to Nonrecognition Provisions CHAPTER 24 Relationship of Section 482 to Nonrecognition Provisions
Kellar, Browne, & Hanfling
Chapter 26 Miscellaneous Interactions Between IRC Section 482 and Other Code, Regulatory, or Legal Provisions Chapter 24 Parts
Kellar, Browne, & Hanfling
Chapter 27 Business Restructuring And U.S. Tax And Transfer Pricing Rules Chapter 28A Business Restructuring And U.S. Tax And Transfer Pricing Rules Carlos Perez Gautrin
Chapter 28 State Tax Transfer Pricing Issues CHAPTER 26: State Tax Transfer Pricing Issues Ethan Millar
Chapter 29: Transfer Pricing Litigation CHAPTER 23: Transfer Pricing Litigation William Bonano
Chapters 30 – 39 reserved
Part II OECD
Chapter 40 U.S. Regulations, OECD Guidelines, UN Manual Compared CHAPTER 2: Framework for U.S. Transfer Pricing Analysis Under Treasury Regulation Section 1.482-1 — OECD Guidelines Compared William Byrnes
Chapter 41 Risk comparison: OECD v US Tx Ct Ch 2A Risk comparison: OECD v US Tx Ct Charles Lincoln & Byrnes
Chapter 42 Porter Value Chain Analysis Case Study of Amazon chapter 37 Porter Analysis: A Business Strategy Of Amazon.Com Through A Value Chain And Comparative Advantage Analysis Of Amazon’s Trademarks And Intangibles Charles Lincoln
Chapter 43 Transfer Pricing Aspects of Business Restructurings — Chapter IX of the OECD Guidelines CHAPTER 28: Transfer Pricing Aspects of Business Restructurings — Chapter IX of the OECD Guidelines Carlos Perez Gautrin
Chapter 44 Digitalization of the Economy: Emerging Trends and Challenges in Transfer Pricing
Karl Keller
Chapter 45 Transfer Pricing and Hybrid Rules Chris Hanfling
Chapter 46 – 59 reserved
Part III United Nations Section
Chapter 60 – 74
Part IV European Union Section
Chapter 75 Impact of EU State Aid Rules on Advance Pricing Agreements chapter 34 the impact of EU state aid rules on advance pricing agreements Mario Tenore
Chapter 76-89
Part V Industry Topics Section
Chapter 90 International Strategy for Transfer Pricing Compliance: A Checklist for Multinationals CHAPTER 27: International Strategy for Transfer Pricing Compliance: A Checklist for Multinationals George Salis
Chapter 91 Mitigation of Transfer Pricing risks with ISO 9001 certification chapter 30 Mitigation of Transfer Pricing risks with ISO 9001 certification Knut Olsen
Chapter 92 Financial Industry Transfer Pricing Issues CHAPTER 16: Financial Industry Transfer Pricing Issues Kevin Otero
Chapter 93 Determining Arm’s Length Interest and Rent CHAPTER 15: Determining Arm’s Length Interest and Rent George Salis
Chapter 94 New Challenges in Defending Intercompany Debt chapter 31 New Challenges in Defending Intercompany Debt Bob Weiss
Gregory Johnson
Mark Nichols
Chapter 95 Applying the Arm’s Length Principle to Performance Guarantees chapter 35 Applying the Arm’s Length Principle to Performance Guarantees ADAM KOSMALA
Dr. VIKRAM CHAND
Chapter 96 Transfer Pricing of Mergers and Acquisitions chapter 38 M&A and Transfer Pricing Jeff Kaufman
Guy Sanschagrin
Chapter 97 case study on coffee supply chain versus value chain chapter 32 case study on coffee supply chain versus value chain William Byrnes
Chapter 98 The Value Chain: A Study Of The Tobacco Industry chapter 33 The Value Chain: A Study Of The Tobacco Industry susanna hartanto
Chapter 99-119 reserved
Part VI Countries Section
Chapter 120 Transfer Pricing Rules and Practice Of Brazil chapter 36 Brazilian Transfer Pricing Rules Filipe Casellato
Ralph Sticca
Chapter 121 Transfer Pricing Rules and Practice Of India
Karan Trehan

 

Lexis Transfer Pricing Authors & Industry’s Top Experts

Valerie Amerkhail is a Director, Transfer Pricing with Economic Consulting Services, LLC. She has specialized in transfer pricing economics since 1986, first with Deloitte & Touche, then with Coopers & Lybrand, before joining ECS in 1998. Her work with international tax attorneys and clients has involved transfer pricing dispute resolution at all stages of IRS field examinations, appeals, Advanced Pricing Agreements and Competent Authority negotiations, as well as examinations by Japanese, Korean, European, and other non-U.S. tax authorities. Ms Amerkhail served as a Principal Analyst at the Congressional Budget Office, where she was responsible for CBO’s corporate tax projections. She may be contacted at valerie.amerkhail@economic-consulting.com. Her contribution includes Chapter 16 Functional Analysis and Choosing the Best Method.

Henry J. Birnkrant is a partner at Alston & Bird and chairs its Tax Section. His practice is focused on transfer pricing matters and U.S. taxation of various types of domestic and cross-border transactions. Mr. Birnkrant has secured many advance pricing agreements (APAs) and resolved numerous transfer pricing disputes with the IRS at the examination and appeals levels. His practice has also included securing competent authority relief from transfer pricing adjustments initiated by both the IRS and foreign tax authorities. Mr. Birnkrant is a graduate of the University of Rochester, from which he received his B.A. in Economics. He received his J.D. from Columbia University School of Law and an LL.M. in taxation from New York University School of Law. He may be contacted at henry.birnkrant@alston.com. His contribution includes Chapter 21: Advance Pricing Agreements.

William E. Bonano is a partner at the San Francisco Office of Pillsbury Winthrop Shaw Pittman LLP. His practice includes international tax planning and IRS controversy matters, including representing clients before IRS Examinations, Appeals and in litigation. Mr. Bonano assists in negotiating Advance Pricing Agreements and in representing clients in Competent Authority proceedings. Mr. Bonano was formerly an International Special Trial Attorney with the Internal Revenue Service. He has litigated over 25 tax cases through opinion, including a number of transfer pricing cases. He received a J.D. from the University of Washington School of Law, is a frequent lecturer on transfer pricing issues and has written a number of articles on that subject. He may be contacted at william.bonano@pillsburylaw.com. His contribution includes Chapter 29: Transfer Pricing Litigation.

Patrick J. Browne Jr. is a managing director of KPMG, LLP. His practice focuses on general corporate tax issues and international tax planning, including structuring and drafting stock purchase and asset acquisition agreements, Section 355 distributions, tax-free reorganizations, cross-border tax planning, FIRPTA-related issues, tax treaty issues, and FBAR filing requirements (Form TD F 90-22.1). Before joining Jones Day as of counsel, Mr. Browne was a senior manager in the national tax office of a Big Four accounting firm. Prior to that, he was an associate at a New York-based international law firm where he focused on advance pricing agreements for a Fortune 100 company and various U.S. international tax issues, such as foreign tax credit optimization and subpart F planning. He may be contacted at patrickbrowne@kpmg.com. His contributions include Chapter 2 Application of Section 482 Before Other Code Sections; Chapter 24: Code Provisions That May Preempt IRC Section 482 or Are Alternatives to IRC Section 482; Chapter 25 Relationship of Section 482 to Nonrecognition Provisions; and Chapter 26 Miscellaneous Interactions Between IRC Section 482 and Other Code, Regulatory, or Legal Provisions.

Clark Calhoun is a partner at Alston & Bird LLP. He has represented clients in state tax controversy and litigation matters before state taxing authorities, county boards, state trial and appellate courts, and the U.S. Supreme Court. Representative matters include the securing of a multimillion-dollar income tax refund in a Georgia Tax Tribunal action, receiving a refund of overpaid 911 taxes, defending a company against an unprecedented use of alternative apportionment, and earning a property tax refund for a charitable client. In addition to state tax controversy matters in Georgia, California, and other states, Clark also represents clients on multistate sales/use, income, property, and transfer tax issues that arise in corporate stock and asset transactions, and he has negotiated voluntary disclosure agreements with nearly every state in the country. Clark may be contacted at Clark.Calhoun@alston.com. His contribution includes Chapter 28 State Tax Transfer Pricing Issues.

Lesley Cameron is a Managing Director of Horst Frisch Incorporated with experience in transfer pricing and oil pipeline regulation. Since joining the firm in 1993, Ms. Cameron has been involved in the successful negotiation of Advance Pricing Agreements, has provided economic analysis and supporting penalty documentation for US and Canadian transactions, and has assisted in the resolution of transfer pricing audits. Prior to joining Horst Frisch, Ms. Cameron was a Manager with PriceWaterhouse’s Washington National Tax Services, and a Senior Consultant with KPMG. She holds an M.A. and B.A. in economics from the University of Maryland. She may be contacted at lcameron@horstfrisch.com. Her contribution includes Chapter 8: Comparable Profits Method.

Dr. Vikram Chand, University of Lausanne, has been since 2010 the academic coordinator of the MAS in International Taxation Program in Switzerland wherein he coordinates the program and lectures regularly on different international tax topics related to tax treaties, EU tax law, transfer pricing, international tax planning and comparative taxation. Additionally, he speaks at several universities, conferences, consulting firms and is undertaking a doctorate in international tax law which focuses on the interaction of domestic anti-abuse measures with tax treaties. He may be contacted at vikram.chand@unil.ch. His contribution includes Chapter 95: Applying the Arm’s Length Principle to Performance Guarantees.

Dr. Lorraine Eden is Professor of Management and Mays Research Fellow in the Mays Business School at Texas A&M University. At Texas A&M, Prof. Eden teaches courses on multinational enterprises (MNEs), transfer pricing (the pricing of transactions within MNEs), and the economics of international business. Over 100 of her former students are networked through the LinkedIn group Transfer Pricing Aggies. She has 150+ scholarly publications, including articles in Academy of Management Journal, Academy of Management Review, Canadian Journal of Economics, Journal of International Business Studies, and Organization Science. Her best-known book is Taxing Multinationals: Transfer Pricing and Corporate Income Taxation in North America (University of Toronto Press, 1998). She has been a Fulbright Scholar, a Pew Fellow, and a receiver of multiple teaching, research and professional awards including election as a Fellow of the Academy of International Business (AIB) in 2004 and receipt of the AIB President’s Award in 2012. She is the founder of WAIB (Women in the Academy of International Business), an organization with 1600 members worldwide, and former Editor-in-Chief of the Journal of International Business Studies, the top scholarly journal in the field of international business. She may be contacted at leden@mays.tamu.edu. Her contribution includes Chapter 9 The Berry Ratio: More than a Profit Level Indicator.

Rocco V. Femia is a member of Miller & Chevalier, Chartered. His practice focuses on international tax planning for domestic and foreign-based enterprises, and on assisting such enterprises in avoiding or resolving controversies with the Internal Revenue Service and foreign tax authorities involving U.S. international tax rules, transfer pricing, and U.S. tax treaties. Mr. Femia is a former Associate International Tax Counsel at the U.S. Department of the Treasury, Office of Tax Policy. Mr. Femia is a former Adjunct Professor at the Georgetown University Law Center. Mr. Femia graduated from Georgetown University Law Center in 1995. He received his B.A. in Economics from Duke University in 1991. He may be contacted at rfemia@milchev.com. His contribution includes Chapter 14: Transfer Pricing for Services.

David Fijol is a Principal in PwC’s transfer pricing practice based in Chicago. David’s transfer pricing experience in the United States and Ireland includes business transformations, Advance Pricing Agreements, Competent Authority disputes, audit defense, restructuring, planning and contemporaneous documentation. He also has extensive experience with business transformation of manufacturing operations. Admitted into the partnership in 2014, David was previously part of our Washington DC-based, National Tax Services Transfer Pricing group and completed a two-year secondment with PwC Ireland. He may be contacted david.r.fijol@pwc.com. His contributions include Chapter 4 Finding and Selecting Comparables and Chapter 6 Resale Price Method (RPM) and Alternatives to Traditional Buy-Sell Distributors.

Sean Foley is a Principal with KPMG LLP and the Global Leader of KPMG’s Global Transfer Pricing Services. Mr. Foley has over 20 years assisting multinational enterprises with international tax and transfer pricing issues. Before joining KPMG, Mr. Foley was the Director of the IRS Advance Pricing Agreement Program, and a special counsel to the IRS Chief Counsel (International). He clerked for Justice Ruth Bader Ginsburg when she sat on the D.C. Circuit and served as Legislative Director to Congressman Sander Levin, currently the ranking member of House Ways and Means Committee. Mr. Foley has been an adjunct professor in the LL.M. programs at the Georgetown University Law Center and the University of Florida. He is a past chair of the American Bar Association Transfer Pricing Committee. Mr. Foley has a B.S. in Chemistry and Economics from the University of Michigan, and a J.D. summa cum laude and a LL.M. with honors from the Georgetown University Law Center. He may be contacted at sffoley@kpmg.com. His contribution includes Chapter 17: Second-Level Effects of Transfer Pricing Adjustments.

Carlos Fernando Perez Gautrin is currently Senior Advisor for the Large Business and International Division (LB&I) of the Internal Revenue Service, Western Compliance Practice Area, and located in San Francisco, California. Carlos is also an author for Lexis Taxation of Intellectual Property and Technology, chapter 10 addressing software taxation. Before joining the IRS, Carlos was Associated Partner with CBA Cross Border Associates in Northern California. Previously, Carlos worked as Senior Manager of Transfer Pricing at Lexmark International, Inc. Carlos was also International Tax Manager at VeriSign, Inc., Senior Tax Researcher for International Bureau of Fiscal Documentation (IBFD) in Amsterdam, the Netherlands, and practiced tax law in major legal firms. Carlos can be contacted at: carlos.f.gautrin@irs.gov. His contributions include Chapter 18 Documented Self-Compliance and Transfer Pricing Penalties; Chapter 27 Business Restructuring And U.S. Tax And Transfer Pricing Rules; and Chapter 43 Transfer Pricing Aspects of Business Restructurings—Chapter IX of the OECD Guidelines.

Christopher S. Hanfling is an associate in the tax group at the law firm of Jones Day. Before joining Jones Day, Mr. Hanfling was an editor of Tax Law Review at NYU, and received the Bruce I. Hochman Award for Excellence in the Study of Tax Law from UCLA School of Law. He may be contacted at chanfling@jonesday.com. His contributions include Chapter 2 Application of Section 482 Before Other Code Sections; Chapter 24: Code Provisions That May Preempt IRC Section 482 or Are Alternatives to IRC Section 482; Chapter 25 Relationship of Section 482 to Nonrecognition Provisions; Chapter 26 Miscellaneous Interactions Between IRC Section 482 and Other Code, Regulatory, or Legal Provisions; and Chapter 45 Interaction of Transfer Pricing with Anti-Hybrid Rules.

Steven P. Hannes is Senior Counsel to Caplin & Drysdale’s International Tax and Tax Controversies practice groups, and previously a partner in the law firm of McDermott Will & Emery LLP based in the Washington, D.C. office. Prior to entering private practice in 1982, Mr. Hannes was the associate international tax counsel in the Office of the Assistant Secretary (tax policy) of the U.S. Department of the Treasury. Before joining the Treasury, he was chief of the international rulings group in what was then called the Office of the Assistant Commissioner (technical) of the IRS. He is a former president of the USA Branch of the International Fiscal Association and a member of its Executive Committee. He received his J.D. in 1970 from New York University’s School of Law and his B.A. in 1967 from Amherst College. He may be contacted at shannes@capdale.com. His contribution includes Chapter 5 Comparable Uncontrolled Price (CUP) Method.

Susanna Hartanto is a lecturer in Business Faculty, Accounting Department of Widya Mandala Catholic University, Indonesia since 2014. She teaches some subjects including International Taxation, Tax Planning, Taxation I & II, Taxation Accounting, Auditing, Budgeting and Financial Reporting. She had undergraduate degree in Accounting and graduate degree in Strategic Management from Widya Mandala Catholic University, Indonesia with cumlaude predicate for both. She also works as Accounting and Tax Manager of CV Trisno Adi, a Tobacco Company in East Java, Indonesia since 2005. While working and teaching, she is also part time tax consultant for companies in some industries like jewelries, consumer goods, sanitary and building materials, theme parks, etc. She may be contacted at cvtasusan@yahoo.com. Her contribution includes Chapter 98: The Value Chain: A Study Of The Tobacco Industry.

Greg Johnson joined Global Capital Advisors as Managing Director in 2013 following a 23-year career at Bank of America, where he held a variety of positions, including Head of International Debt Capital Markets. Greg’s experience includes tens of billions of dollar equivalent transactions in multiple currencies and encompasses issuance from companies located in twenty different countries. His transactional experience includes both public and private issues of investment grade and high yield securities and includes numerous “first-of-their-kind” transactions involving structural as well as market innovation. He has his MBA from the Wharton School and his BSEE from the University of Virginia. He may be contacted at gjohnson@globcapadv.com. His contribution includes Chapter 94 New Challenges in Defending Intercompany Debt.

Nima Khodakarami is pursuing his Doctorate in Human Resource Development at Texas A&M University. Mr.Khodakarami received a MBA from Universiti Teknologi Malaysia and a M.S. in Agricultural Economics from Texas A&M University wherein he studied transfer pricing. Professionally, he worked as a Project Analyst at MTN Group, a South Africa-based multinational mobile telecommunications company. He may be contacted at nima@tamu.edu. His contribution includes Chapter 97 Case Study on Coffee Supply Chain Versus Value Chain.

Jeff Kaufman is a Director of Transfer Pricing and Valuation Services of WTP Advisors. eff has over 15 years of experience as a transfer pricing economist. He provides transfer pricing services including cost allocation models to support multinational and middle-market companies in reaching their objectives. Jeff has worked across multiple industries including manufacturing, technology, pharmaceuticals, and apparel. Jeff has developed models estimating BEPS exposures, affiliate credit risk, and intangible valuation. Jeff has economics degrees from NYU (MA) and University of Chicago (BA). He may be contacted at jeff.kaufman@wtpadvisors.com. His contribution includes Chapter 96: M&A and Transfer Pricing.

Dr. Ted Keen is a managing director in the London Office and European Leader of Duff & Phelps’ Transfer Pricing practice. Ted Keen holds a Ph.D. in economics and now serves as an independent expert for clients regarding transfer pricing matters. Dr. Keen formerly led the economics side of EY transfer pricing practice in the UK, and previously was a partner of KPMG and a Vice President of Charles River Associates. His experience is in all aspects of transfer pricing with a particular focus on the pharmaceutical industry. He may be contacted at Ted.Keen@duffandphelps.com. His contribution includes Chapter 10: Transfer Pricing Rules and Methods for Intangible Property.

Karl L. Kellar is a partner at the law firm of Jones Day. His practice focuses on a wide variety of international and domestic tax issues arising in cross-border transactions, including transfer pricing, tax planning for international transaction flows, structuring international business operations, and resolving tax disputes with the IRS and foreign governments. Mr. Kellar has advised multinational corporate groups concerning the restructuring of their U.S. operations. He has also advised U.S.-based companies in structuring their foreign operations, including issues associated with closing foreign operations to achieve a more tax-efficient structure, and the transfer of intangible assets offshore. Before joining Jones Day, Mr. Kellar was the acting director of the IRS Advance Pricing Agreement (APA) Program. He also represented the United States before the Organization for Economic Cooperation and Development (OECD). Earlier, Karl Kellar was a tax litigator for the United States Department of Justice, and he has extensive experience in tax controversy matters at the administrative level and in federal courts. He may be contacted at klkellar@jonesday.com. His contributions include Chapter 2 Application of Section 482 Before Other Code Sections; Chapter 24: Code Provisions That May Preempt IRC Section 482 or Are Alternatives to IRC Section 482; Chapter 25 Relationship of Section 482 to Nonrecognition Provisions; Chapter 26 Miscellaneous Interactions Between IRC Section 482 and Other Code, Regulatory, or Legal Provisions; and Chapter 44 Digitalization of the Economy: Emerging Trends and Challenges in Transfer Pricing.

Ryan J. Kelly is a principal with EY’s Washington, D.C. international tax practice, and formerly a partner with Alston & Bird’s Federal & International Tax Group. Ryan practices in tax dispute resolution, transfer pricing, and general tax planning. He focuses on domestic and international tax issues with an emphasis on transfer pricing. Ryan has advised multinational corporations and the U.S. government on complex cross-border transactions, including several litigation matters involving tax disputes that are some of the largest in U.S. history. Ryan previously served as an attorney-adviser in the IRS Office of Associate Chief Counsel (International), where he advised examiners, economists, and lawyers with the IRS’s Large Business & International Division on high-stakes international tax issues and transfer pricing. Before serving at the IRS, Ryan was a member of the North American tax practice group of one the world’s most global law firms. Ryan serves as an adjunct professor of law at the Georgetown University Law Center and is past chair of the Federal Bar Association’s Section on Taxation. He is also a registered U.S. merchant marine officer. He may be contacted at ryan.kelly@alston.com. His contribution includes Chapter 21: Advance Pricing Agreements.

Adam Kosmala is Transfer Pricing Manager at LITASCO of LUKOIL, and formerly with PwC, Deloitte, and EY with over 15 years transfer pricing experience. He may be contacted at adas.kosmala@gmail.com. His contribution includes Chapter 95: Applying the Arm’s Length Principle to Performance Guarantees.

Charles Edward Andrew Lincoln, IV, joined PwC’s Washington D.C. office in 2018 and previously worked as a tax policy adviser at Loyens & Loeff in the Amsterdam office. He is currently the chapter update editor for LexisNexis’ Foreign Tax & Trade Briefs (Greece, Cyprus, Finland, and Iceland), Wolters Kluwer’s International Trust and Company Laws & Analysis (Greece). He also edits LexisNexis’ Guide to FATCA Compliance (Greece). In 2017, Charles completed his LL.M. study in International Tax Law at the University of Amsterdam. In 2016, Charles received his Juris Doctor from Texas A&M University School of Law after completing his bachelor’s degree from Harvard University, cum laude, in 2013. He may be contacted at charlieealincolniv@yahoo.com. His contributions include Chapter 41: Diverging Adherence to Contracts of BEPS and the US Tax Court Approach Regarding Risk Allocation and Chapter 42: Porter Value Chain Analysis Case Study of Amazon.

Barbara Mantegani, Esq. Barbara Mantegani is a transfer pricing advisor with more than twenty years of experience in both the private sector and the Internal Revenue Service Competent Authority office. Her experience with the IRS U.S. Competent Authority office and Advance Pricing and Mutual Agreement Office included negotiating the settlement of numerous double tax cases and advance pricing agreements with tax authorities from Japan, India, Denmark, Belgium and Canada. Outside of government, Barbara has worked with Baker McKenzie, Grant Thorton, KPMG and Deloitte. She may be contacted at barbara.mantegani@mantegani-tax.com. Her contribution includes Chapter 22: Competent Authority to Avoid Double or Excessive Taxation From Transfer Pricing Adjustments.

Sam Maruca, Esq. is a partner of Covington & Burling, resident in its Washington, D.C. office. From 2011–2014, Mr. Maruca served as the first Director of Transfer Pricing Operations in the Large Business & International Division of the Internal Revenue Service, where he had national responsibility for transfer pricing compliance and double tax cases under US tax treaties. Since 1983 he has practiced broadly and exclusively in the area of federal income tax, focusing in recent years on large-case controversies, including complex transfer pricing disputes. He has represented both US and foreign-based multinational companies in the pharmaceutical, bio-tech, communications, heavy manufacturing, entertainment, and retail sectors, in matters at the audit level, in IRS Appeals, in mediation, in competent authority, and in the courts. He may be contacted at SMaruca@cov.com. His contribution includes Chapter 20: Examination and Appeals.

Dr. Harold McClure has 25 years of transfer pricing and valuation experience. He began his transfer pricing career at the Internal Revenue Service in San Jose, California and has worked for some of the Big Four accounting firms, a litigation support entity, and was the lead economist for Thomson Reuters transfer pricing practice. Dr. McClure has assisted multinational firms with both U.S. and foreign documentation requirements, IRS audit defense work, and preparing the economic analyzes for bilateral and unilateral Advanced Pricing Agreements. He has also been responsible for the quality review of numerous reports, and the transfer pricing aspects of the FIN 48 review for KPMG’s audit clients. Dr. McClure worked with KPMG’s merger and acquisition team on the tax due diligence for its clients. Dr. McClure taught economics at the graduate and undergraduate level before his transfer pricing and valuation career publishing papers on international trade and finance, monetary and macroeconomics, and labor economics. He also has several transfer pricing publications mainly for BNA Transfer Pricing Report or the Journal of International Taxation. He may be contacted at drmcclure2004@yahoo.com. His contribution includes Chapter 99: Transfer Pricing for Extractive Industries.

Ethan D. Millar is a partner at the law firm of Alston & Bird LLP. His practice focuses on multistate tax and unclaimed property law, and he represents major business entities across the U.S. in audits, administrative appeals, litigation, and corporate transactions, including mergers, acquisitions, restructurings, liquidations, joint ventures, and public and private securities offerings. Mr. Millar has served as an adjunct professor at Emory University School of Law, where he taught a class on multistate taxation, and has also served on the faculty for state income tax schools conducted by the Council on State Taxation and the Institute of Professionals in Taxation. He also serves as Chair of both the State and Local Tax Subcommittee and the Unclaimed Property Subcommittee for the Business Law Section of the American Bar Association. Mr. Millar received his J.D. from UCLA Law School, Order of the Coif, and also graduated, summa cum laude, from UCLA with a B.S. in Mathematics/Applied Science and Economics. He may be contacted at ethan.millar@alston.com. Contribution includes Chapter 28: State Tax Transfer Pricing Issues.

Jerrie Mirga is a Vice President of Economic Consulting Services, LLC. Since the early 1990s, her work has focused on transfer pricing economics. She advises clients on transfer pricing issues involving intangibles, services, and tangible property and prepares transfer pricing analyses for many purposes, including planning, U.S. and non-U.S. documentation, Advance Pricing Agreements, and dispute resolution during audits and Appeals. Ms. Mirga received her B.A. from the College of William & Mary and her M.B.A. from the George Washington University. She may be contacted at Jerrie.Mirga@economic-consulting.com. Her contribution includes Chapter 16 Functional Analysis and Choosing the Best Method.

William Morgan is formerly a Managing Director of Horst Frisch Incorporated, an independent economic consulting firm based in Washington, DC. In over 20 years at Horst Frisch, he has performed work across many industries and provided expert advice on a diverse set of transfer pricing cases. Mr. Morgan served from late 2011 to early 2015 as the Chief Economist and adviser to the Director of Transfer Pricing Operations in the Large Business & International division of the Internal Revenue Service, and has returned to U.S. Treasury as of 2018. He has published articles on timely transfer pricing issues, been a guest speaker at various industry conferences, and testified before the U.S. Congress House Committee on Ways & Means as an expert on transfer pricing matters. Has an undergraduate economics degree from Vanderbilt University and an M.B.A. from the University of Michigan. He can be contacted at r.william.morgan@gmail.com. His contribution includes Chapter 8: Comparable Profits Method.

Carlos Navarro is a graduate student of International Affairs at The Bush School of Government and Public Service, Texas A&M University. His master’s concentration is International Development and Economic Policy. He received a B.A. in Economics from The University of Texas—Pan American (UTPA) in 2013. Before joining the Bush School, Mr. Navarro worked as a Research Associate and surveying supervisor at UTPA’s Center for Survey Research, where projects focused on studying the social, political and economic aspects of the Rio Grande Valley. He was also an intern for the Economic Analysis and Research Network where he worked at Working Partnerships USA, a leading think-tank of Silicon Valley. He may be contacted at fcolon@tmslaw.tsu.edu. His contribution includes Chapter 98 The Value Chain: A Study Of The Tobacco Industry.

Mark Nichols, Managing Director and Founder of Global Capital Advisors, LLC (“GCA”), has over 20 years of experience in the U.S. private placement market. As a Managing Director at Banc of America Securities (1994 to 2007), Nichols was responsible for structuring, executing and distributing largely cross-border debt private placements. In February 2008, Nichols founded GCA, an independent advisory firm focused on Debt Private Placements Advisory, Ratings Advisory, and Debt Transfer Pricing Advisory with offices in New York, Charlotte, North Carolina, Edwards, Colorado and Melbourne, Australia. Nichols received a BA from Dickinson College and a MA, MALD from The Fletcher School of Law and Diplomacy. He serves on the Board of Advisors of The Fletcher School at Tufts University and is on The Council and Investment Committee of the New England Historic Genealogical Society. GCA is a Corporate Member of the Association of Corporate Treasurers (UK). His contribution includes Chapter 94 New Challenges in Defending Intercompany Debt.

Aaron Okin is a Managing Director in PwC’s Washington National Tax Services Transfer Pricing practice, based in Chicago. Aaron counsels clients in connection with a wide range of transfer pricing issues, including planning considerations, advance pricing agreements, competent authority proceedings and other tax controversies, and ongoing compliance matters. Prior to joining PwC in 2017, Aaron practiced tax law at Skadden, Arps, Slate, Meagher & Flom LLP and Mayer Brown LLP, advising clients on a variety of transactional tax and tax controversy issues, with a particular focus on supply chain-related tax planning and transactions involving intellectual property. He can be reached at aaron.okin@pwc.com. His contributions include Chapter 4 Finding and Selecting Comparables and Chapter 6 Resale Price Method (RPM) and Alternatives to Traditional Buy-Sell Distributors.

Dr. K. Olsen is a Chartered Global Tax Practitioner, a Chartered Transfer Pricing Specialist and a partner in Dr. K. Olsen Global Tax UK / Norway, a company that was voted as a world leading tax firm in 2015 by World Tax 2015. Mr. Olsen has 35 year of experience in taxation and specializes in international taxation, Transfer Pricing, petroleum taxation and global tax risk management. He is also a Certificated Lead ISO Auditor and has developed a system for ISO certification for Transfer Pricing, tax, VAT & customs. He may be contacted at knut.tax@gmail.com. His contribution includes Chapter 91 Mitigation of Transfer Pricing Risks with ISO 9001 Certification.

Kevin Otero is a partner of Covington based in New York office, and formerly a tax partner of PwC. Mr. Otero has led the defense of some of the most complex multi-year and multi-issue Internal Revenue Service audits in the country and has resolved successfully significant controversies during IRS audit, at IRS Appeals, and in litigation. His practice covers an array of technical tax areas including transfer pricing, financial products, foreign tax credits, renewable energy incentives, complex corporate restructurings, bad debt and worthless stock, tax-free dispositions, and valuation disputes. He may be contacted at kotero@cov.com. His contribution includes Chapter 92 Financial Industry Transfer Pricing Issues.

Michael T. Petrik is chair of Alston & Bird’s State and Local Tax group. Mr. Petrik concentrates his practice on multistate tax planning for businesses, including income tax, franchise tax, sales/use tax, and other state and local taxes. He also maintains an active administrative tax dispute and negotiation practice, including audit appeals, the negotiation of special filing or apportionment methods, and voluntary disclosure “amnesty” applications. Mr. Petrik received his J.D. in 1983 from Duke University School of Law and his B.A. and B.S. degrees in 1979 from Eastern Illinois University. He may be contacted at mike.petrik@alston.com. His contribution includes Chapter 28: State Tax Transfer Pricing Issues.

Lauren Ann Ross is an associate in the tax group of the law firm of Covington & Burling LLP. Her practice focuses on controversies involving US-and foreign-based multinational enterprises, transfer pricing, and international tax planning. She received a B.A., summa cum laude, from Vanderbilt University, and a J.D. and LL.M. in International Law, magna cum laude, from Duke University, where she was an executive editor of the Duke Law Journal. She may be contacted at lross@cov.com. Her contribution includes Chapter 20: Examination and Appeals.

Dr. George L. Salis is a recognized economist and lawyer specializing in the area of international economic law, including trade, global taxation, and transfer pricing. Presently, he serves as Principal Senior—Tax Compliance at Vertex, Inc., one of the top tax software companies in the world. He is an adjunct professor of Texas A&M University School of Law for transfer pricing and international tax risk management courses as well as an adjunct professor of international taxation and of the transfer pricing concentration at Thomas Jefferson School of Law’s Graduate International Taxation Program in San Diego, California. Dr. Salis received his Ph.D. (Union) in International & Comparative Law & Economic Policy, and his LL.M. with Honours (Magna Cum Laude) (Thomas Jefferson) in International Taxation and Financial Services. He read law at the University of Wolverhampton and iIn 1998, he received his LL.B. Honours law degree at the University of Wolverhampton School of Law in England, and later received the Specialist Diploma in European Union Law from Holborn College London & Oxford University. He earned an M. A. in Legal & Ethical Studies from The University of Baltimore, in 1988. He also holds two Bachelor’s degrees, one in in Economics & Political Science (dual concentration) with Honors, and another in Philosophy & Humanities. In 2014, he attended the Academy of European Law at the European University Institute (Florence, Italy) and received its Advanced Certificate in EU Law. He may be contacted at George.Salis@vertexinc.com. His contributions include Chapter 90 International Strategy for Transfer Pricing Compliance: A Checklist for Multinationals and Chapter 93 Determining Arm’s Length Interest and Rent.

Shubhana Sattar is a Manager in PwC’s global Transfer Pricing practice in Chicago. Shubhana works with multinational clients on implementing transfer pricing policies and developing solutions to more effectively monitor transfer pricing results. She has experience in a variety of transfer pricing areas including global transfer pricing documentation, planning, implementation, value chain transformation and intercompany loan and interest rate analyses. Her experience includes assisting clients across various industries including technology, industrial products, consumer and retail. Shubhana holds a Master of Science in Applied Economics (MSAE) degree from Marquette University. She may be contacted at shubhana.r.sattar@pwc.com. Her contributions include Chapter 4 Finding and Selecting Comparables and Chapter 6 Resale Price Method (RPM) and Alternatives to Traditional Buy-Sell Distributors.

Guy Sanschagrin is a Principal at WTP Advisors and Leader of the firm’s transfer pricing and valuation practice. He has extensive experience providing transfer pricing, valuation, economics consulting and business process improvement consulting. Prior to WTP, he completed a three-year assignment as a Big 4 firm’s Belgium’s national transfer pricing practice leader. Guy is a frequent speaker at seminars and webinars and he writes articles for many publications. Guy has been named by Euromoney / Legal Media as one of the top transfer pricing advisors in the world. He may be contacted at Guy.Sanschagrin@wtpadvisors.com. His contribution includes Chapter 96: M&A and Transfer Pricing.

Filipe Casellato Scabora is a tax partner of Passos e Sticca Advogados Associados (PSAA) who is pursuing his Master’s degree in Controlling and Accounting at USP. And hold degrees in Law from the University of the State of São Paulo (UNESP) and Accounting from the USP. He is a MBA Professor and author of several papers and book’s chapters worldwide. He served as a former tax consultant at Moore Stephens. Member of the São Paulo Association for Tax Studies (APET) and the Advanced Research Center on Brazilian Civil and Comparative Law (NUPAD). He may be contacted at filipecasellato@psaa.com.br. His contribution includes Chapter 120: Brazilian Transfer Pricing Rules.

Dr. William J. Seeger is currently Clinical Professor of Economics at the University of Texas at Arlington, College of Business Administration, and President of Quantecon Consulting, an Economic consulting firm. His academic research focuses on Transfer Pricing and International Tax issues. Upon his retirement in October, 2014, Dr. Seeger was a Principal in KPMG’s Global Transfer Pricing Services practice. He was practice leader, Economic and Valuation Services, for the Dallas, Houston and Denver Business Units and a senior economist and Southwest area lead for KPMG’s Economic Consulting Practice. Dr. Seeger has twenty years of experience in public accounting and three years’ experience with the Internal Revenue Service as an Industry Economist in the Comprehensive Examination Program. He may be contacted at william.seeger@uta.edu. His contribution includes Chapter 19 IRC Sections 6038A and 6038C: Record-Keeping, Record Production, and Reporting for Foreign-Owned Groups.

Ralph Melles Sticca is a partner of Passos e Sticca Advogados Associados (PSAA), a highlighted Brazilian law firm specialized in Agribusiness. He is pursuing a Doctor of Philosophy (PhD) degree (in progress) and a Master’s degree in Controlling and Accounting at University of São Paulo (USP). His degree in Business Administration is from USP, his degree of Law from the University of Ribeirão Preto (UNAERP), and degree of Accounting from USP. He is a MBA Professor and author of several papers and book’s chapters worldwide. He served as a former tax consultant at PwC and on the audit committee of listed companies. Member of the Brazilian Financial Law Association (ABDF) and the International Fiscal Association (IFA). He may be contacted at ralphsticca@psaa.com.br. His contribution includes Chapter 120: Brazilian Transfer Pricing Rules.

Cameron Taheri is a Senior Manager in KPMG’s Transfer Pricing Dispute Resolution Group. He specializes in resolving transfer pricing disputes on behalf of multinational corporations, including Advance Pricing Agreements, Competent Authority settlements, and Examination and Appeals. Previously, Cameron was a Team Leader in the Advance Pricing and Mutual Agreement Program (APMA) at the Internal Revenue Service and began his transfer pricing career at Ernst & Young LLP. Cameron has a B.A. from the University of Texas and his J.D. from Northeastern University School of Law. He may be contacted at ctaheri@KPMG.com. His contribution includes Chapter 17: Second-Level Effects of Transfer Pricing Adjustments.

Dr. Mario Tenore, CA, is an associate at Maisto e Associati (Milan office). He was admitted to the Association of Chartered Accountants in 2009 and joined Maisto e Associati in 2010. He holds a Ph.D. in tax law and obtained an LL.M. Degree in international tax law from the University of Leiden, The Netherlands. His main areas of competence are corporate taxation, European and international tax law. He has extensively published in the field of International and European tax law. He may be contacted at M.Tenore@maisto.it. Contribution includes Chapter 75: State Aid.

Emin Toro is a partner in the law firm of Covington & Burling LLP. His practice concentrates on controversies involving multinational corporations. He received a B.A., summa cum laude, from Palm Beach Atlantic College in 1997, and a J.D., with Highest Honors, from the University of North Carolina at Chapel Hill in 2000, where he was an editor of the North Carolina Law Review. Mr. Toro served as a law clerk to Justice Clarence Thomas of the U.S. Supreme Court (2002–2003) and to Judge Karen LeCraft Henderson of the U.S. Court of Appeals for the D.C. Circuit (2000–2001). He may be contacted at etoro@cov.com. His contribution includes Chapter 20: Examination and Appeals.

Karan Trehan is a Senior Member at NALSAR Centre for Corporate and Tax Law where he is engaged in research pertaining to the domain of Tax and other Commercial laws. He was also a Fellow at Centre for Innovation, Intellectual Property and Competition Law—NLU, Delhi wherein he worked on the project ‘Practising Patents in India’, and also conducted research on antitrust treatment of Patent Assertion Entities across various jurisdictions. He has commented on issues concerning the intersection of Tax and Constitutional law in India, Competition Law, IPR among others. He is currently working on a book concerning Taxation of Private Trusts in India. He can be reached at trehan.karan1997@gmail.com. His contribution includes Chapter 121 Transfer Pricing Rules and Practice of India.

Robert Weiss is a Managing Director and Head of Ratings and Debt Transfer Pricing for Global Capital Advisors. He brings over 32 years of experience in corporate debt ratings. Previously, he was Managing Director and Head of Global Ratings Advisory at Banc of America Securities (BofA). Bob has worked with clients across all global industries focusing on new ratings, advice on ratings defense situations, evaluating the ratings impact of strategic/financial actions, and comprehensive documentation supporting the standalone ratings for subsidiaries of multinational companies to determine pricing of intercompany debt. Robert has provided expert witness testimony in debt transfer pricing litigation. Pre-BofA, he worked at S & Ratings Group as Global Energy Team Leader, and in the natural resources and consumer products industries in financial and strategic planning functions. His contribution includes Chapter 94 New Challenges in Defending Intercompany Debt.

Reeves C. Westbrook is a partner in the law firm of Covington & Burling LLP and co-chair of its tax practice group. His practice concentrates on controversies involving multinational corporations. He received a B.A., magna cum laude, from Vanderbilt University in 1971, and a J.D. from Yale University in 1974. Mr. Westbrook is a vice-chair of the taxation section of the International Bar Association. His contribution includes Chapter 20: Examination and Appeals.

Andrew Yates is an associate in Alston & Bird’s State & Local Tax Group. Mr. Yates assists clients in a wide range of tax controversy matters, including appeals before state administrative agencies, courts and the IRS. He advises clients on securing and defending property tax appeals and exemptions, on sales/use tax, income tax and excise tax matters in jurisdictions throughout the country, including work with the taxation of cloud transactions and structuring the state tax affairs of international clients. Mr. Yates received his J.D. from Duke University School of Law, a Master of Divinity from the Candler School of Theology at Emory University, and a B.A. in English from Birmingham-Southern College. He may be contacted at Andy.Yates@alston.com. Contribution includes Chapter 28: State Tax Transfer Pricing Issues.

Tetiana Zakrevska is a transfer pricing economist and a Fulbright Scholar. In 2016, Tetiana completed her Master Program in International Affairs at The Bush School of Government and Public Service, Texas A&M University, specializing in International Economics and Public Policy & Multinational Enterprises. Previously, Tetiana worked as transfer pricing consultant at EY NYC transfer pricing practice with a focus on the life science industry. Her prior experience relates to strategic conventional energy projects in Ukraine, as well as economic diplomacy. She also updates a chapter about the corporate tax system of Ukraine for LexisNexis’ Foreign Tax & Trade Brief. Tetiana may be contacted at tetiana.zakrevska@gmail.com. Her contribution includes Chapter 9: Berry Ratio.

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