Nicaraguan Transfer Pricing Rules Take Effect

Michael Mundaca

Michael Mundaca

A former assistant treasury secretary for tax policy with the US Treasury Department, Michael Mundaca now serves as Ernst & Young’s (EY) co-director of the Americas Tax Center and National Tax Department. In those roles, Michael Mundaca provides client-driven services that focus on US and international taxation rules and developments.

A recent EY Global Tax Alert drew focus to Nicaraguan transfer pricing rules, which went into effect in late June 2017. Enacted as law by the Nicaraguan Congress in 2012, the rules were intended to go into effect four years later (entry into force was later delayed an additional year).

Transfer pricing comes into play when company divisions transact with one another and are measured and treated as entities that are independently run. The newly implemented Nicaraguan rules require the preparation of transfer pricing documentation each year and incorporate the arm’s-length principle. They also set forth transfer pricing methods employed when applying the arm’s-length principle, as well as criteria that taxpayers must adhere to when undertaking a comparability analysis.

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Deadline Approaches Related to MAP Taxation Assistance

 

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MAP Taxation Assistance
Image: irs.gov

Michael Mundaca serves as Ernst & Young’s (EY) National Tax Department and Americas Tax Center co-director, leveraging past tax policy experience with the US Treasury Department.

A recent article in the EY Global Tax Alert focused on a 2017 deadline for multinational companies under FY 2012 tax audit within Mexico. According to the US-Mexico tax treaty, taxpayers generally are given 4.5 years from the income tax return filing date to provide the US or Mexican government with a request for mutual agreement procedures (MAP) assistance.

According to the EY article, meeting the deadline for notifying either government of the need for suspension of the MAP assistance deadline is critical for entities seeking to avoid issues such as double taxation. Lacking a letter providing authorization of suspension, companies may not be able to access MAP assistance.

Territorial Tax System Under US Government Consideration

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Territorial Tax System
Image: ey.com

Michael Mundaca works at Ernst & Young (EY) as co-director of its National Tax Department and Americas Tax Center. In serving clients, Michael Mundaca draws on past experience with the US Treasury Department as assistant secretary for tax policy.

A recent Global Tax Alert from the EY Americas Tax Center brings into focus the current debate regarding whether and how a territorial tax system should be implemented by the United States. Part of both the White House and Congressional Republican tax reform plan outlines, as well as being an element of the tax regimes of most major trading partners of the United States, a territorial system would largely exempt from US income tax the foreign profits of US multinational corporations. A more detailed Republican tax reform plan is expected in September at the earliest.

The Role of the Office of Tax Policy

Office of Tax Policy pic

Office of Tax Policy
Image: treasury.gov

Michael Mundaca is co-director of the National Tax Department and the Americas Tax Center at Ernst & Young. Before that, Michael Mundaca served as the assistant secretary for tax policy at the U.S. Treasury Department.

The Treasury Department’s Office of Tax Policy develops and implements tax programs and policies and provides estimates for government receipts for the president’s fiscal policy decisions, budget, and U.S. Treasury cash management decisions. Also working at the international level, the office negotiates U.S. tax treaties and represents the country in meetings and in the efforts of multilateral organizations that handle tax policy matters, such as the Organisation for Economic Cooperation and Development.

The assistant treasury secretary for tax policy and his or her deputies get advice from, and oversee the activities of, those in Tax Policy’s Office of the International Tax Counsel, the Office of the Tax Legislative Counsel, the Office of Tax Analysis, and the Office of the Benefits Tax Counsel.

To learn more about the Office of Tax Policy, visit www.treasury.gov.