Others

Benchmarking provides range of services from handling large global assignments like Country by Country reporting to providing of global documentation support from India. We are a dynamic organisation assisting clients in corporate decision-making at different stages of inter-company transactions by providing tailored solutions i.e. planning, policy-making, implementation, robust documentation and compliance along assisting clients before the revenue and appellate authorities.

Action Plan 13

• Local transfer pricing compliance documentation for international transactions and specified domestic transactions including:
  • Functional analysis
  • Comparability analysis
  • Industry and business overview
  • Master File and country-by-country (CbC) reporting
    • Assistance in preparation of Master File
    • Assistance in preparation of CbC Report where:
      • The ultimate parent company is in India
      • The Indian entity is designated as the Alternative Reporting Entity (ARE)
      • Indian entity does not have an agreement for exchange of CbC Report with country of foreign parent
      • Despite having an exchange agreement, country of foreign parent (or ARE) fails to share CbC Report
    • Assistance in communicating and liasoning with the relevant prescribed authorities whenever required

Advisory

• Assistance in setting up business/operational model
• Restructuring of existing business model to build tax/commercial efficiencies
• Due diligence report (DDR) assistance from transfer pricing perspective in order to ensure that the business model and pricing arrangements of target acquisition are defensible
• Assistance in corporate governance under Companies Act, 2013 and SEBI regulations
  • Identification of related parties
  • Analysing the identified RPT as to:
    • Whether the transactions are in the ordinary course of business; and
    • Whether the transactions are proposed to be undertaken on arm’s length basis
• Analysing and evaluating various approvals that may be required (i.e. Audit Committee, Board of Directors, shareholders etc.) for each of the RPT under the Companies Act 2013 and SEBI regulations
• Review-related party compliances under the Companies Act on a quarterly/half-yearly/annual basis
• Present our analysis at board meetings to assure Directors that compliances are in order
• Review of deemed international transactions
• Assistance in preparing profit attribution studies
• Assistance in preparing global transfer pricing policy document
• Supply chain restructuring
• Structuring management fee payments, royalty payments, inter-company financing arrangements

Dispute Avoidance/Resolution

• Assistance in representation before:
  • Transfer Pricing Officer
  • Commissioner of Income Tax (Appeals)
  • Dispute resolution panel
  • Appellate tribunals
  • Drafting of submissions, appeals and letters to the revenue/appellate authorities
  • Tax briefings and providing external support to external counsels for representation before High Courts and Supreme Court
  • Assistance in Advance Pricing Agreements (APA) proceedings
  • Assistance with mutual agreement procedures (MAP)
  • Assistance in relation to Safe Harbour application