Comments on BEPS Actions 8, 9, 10: Revisions to Chapter I of the Transfer Pricing Guidelines (Including Risk, Recharacterisation, and Special Measures)

Fri Feb 06 15:54:00 EST 2015
By Patrick Breslin


On 6 February 2015, NERA Vice President Patrick Breslin submitted comments to the OECD in response to the Public Discussion Draft BEPS Actions 8, 9, and 10. His comments are encapsulated in an article entitled "Coin Flips, Rational Decisions and Risk: Support for OECD Draft Guidance on Chapter 1," published in Tax Management Transfer Pricing Report. In the article, Mr. Breslin addresses the interrelationship between risk and value creation. While the article focuses on risk issues related to "hard-to-value" intangibles, it addresses risk and value creation more broadly and across the entire value chains of many industries.

Mr. Breslin was invited to make a presentation on these comments to the OECD Committee on Fiscal Affairs, Working Party No. 6, and OECD member and non-member country delegates at public consultation hearings in Paris, France, 19-20 March 2015.