Glencore Investment Pty Ltd v CofT – ‘Swiss Head Co – Aus Sub’ Pricing Agreement did not offend either Div 13A or Subdiv 815-A Transfer Pricing Provisions (within arm’s length and restructuring agreement not permitted)

On 3.9.19, the Federal Court has held that the price paid by the a different Glencore company (to the one involved in the recent High Court ‘legal professional privilege’ case) to its Australian subsidiary, for copper concentrate, was within an arm’s length range for transfer pricing purposes. See related Tax Technical article for the ATO’s take on this case.

See below for further details.

FJM 9.7.19

[Tax Month – September 2019]