Tillämpningen av armlängdsprincipen
En studie om hur tillämpningen av armlängdsprincipen påverkas av Skatteverkets ökade fokus på internprissättning
The arm?s length principle has existed in Swedish law since 1928 but has previously been given little attention. In 2007, documentation requirements were introduced, and the government began to do tax audits regarding transfer pricing. This thesis examines how the documentation requirements and tax audits affect the application of the arm's length principle. The research consists of nine interviews with a total of ten people at the tax authority (Skatteverket) and audit- and consulting agencies. The results of the interviews are analyzed using the agency theory. Many companies are risk averse and prefer having correct transfer pricing instead of taking on challenging strategies that can be risky in case of an investigation by Skatteverket. There can be a conflict between following the arm?s length principle and designing transfer prices in a way that best suits the business. The fact that, in the past, tax has often not been taken into account when designing transfer pricing strategies means that big adjustments may be needed to ensure that prices are at market value. The cost for necessary adjustments can be larger than the cost for the tax surcharge a tax audit would lead to. In that case most companies choose not to adjust their transfer prices.