The CFC authorities had
invited this morning eminent members of the DGI (including the new Director
General of Taxes, Mr. Younes IDRISSI KAITOUNI, as well as Mr. Hassan BOULAICH,
Head of the Directorate of Legislation, Studies and International Cooperation)
to comment on the tax provisions recently introduced by the 2023 Finance Law
during an event organized at the CFC First Tower.
On this occasion, we were
pleased to learn that the DGI is currently working on the drafting of a
"Guide to Transfer Pricing Tax Control", aimed at standardizing the
practices of audit brigades throughout the country. The appearance of this
guide is excellent news in that it should constitute a doctrine enforceable
In particular, we learn that this Guide should put an end to the (abusive) use of the provisions of Article 213-II of the CGI (adjustments according to the information available to the administration) and the correlative entrenchment behind "professional secrecy" to avoid having to disclose sources. The DGI will thus acquire access to international databases (Orbis TP Catalyst and probably Royalty Range, which has already signed a partnership with ATAF) and increase its expertise to propose a transfer pricing control practice worthy of the name.
We also learn that the famous decree defining the content of transfer pricing documentation (art. 214-III-A of the CGI) is finalized and should be published in the coming weeks. On this point, the Guide should clarify that, if an inspector is not currently entitled to require the submission of transfer pricing documentation, the fact that the taxpayer has prepared the documentation in question is binding on the inspector, who will have to conduct his transfer pricing review in the first instance in the light of the transfer pricing documentation.
Finally, it should be noted that instructions have been given by the new Director General of Taxes for the accelerated processing of properly formulated APA applications. The APP unit is thus invited to process the simplest files within the 6-month period (theoretical deadline set by Decree No. 2-16-571 of 3 July 2017 on the modalities of conclusions of an APP).
News that all go in the direction of transparency and greater tax security for the taxpayer.