Law Commons^™

Intangibles And Transfer Pricing Regulation In Nigeria: An Exposition, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Intangibles play an important role in the processes of many business enterprises. They facilitate value creation and enhance the profitability of businesses that deploy them. They are also valuable assets that can be traded in themselves, although their appropriate values are often difficult to ascertain. As such, studies show that transactions in intangibles also provide opportunities for profit shifting by multinational enterprises through transfer (mis)pricing; a situation that deprives source states of due and sometimes significant tax revenue. This situation has over time triggered both unilateral and concerted responses by states anxious to cauterize this conduit of revenue bleeding. Through …

The Allocation Of Profits Between Related Entities And The Oppression Remedy: An Analysis Of Ford Motor Co. V. Omers, Kim Brooks, Anita Anand

Articles, Book Chapters, & Popular Press

In Ford Motor Co. v. Ontario Municipal Employees Retirement Board, the Ontario Superior Court of Justice reviewed the transfer pricing arrangements between parent and subsidiaries Ford US and Ford Canada in the context of a going-private transaction. Its review was the key to resolving the two main issues in the case: first, did the transfer-pricing arrangements understate Ford Canada's profits so as to undermine the fair value of Ford Canada's shares? And second, did the transfer-pricing arrangement oppress or unduly disregard the interests of Ford Canada's minority shareholders so as to give rise to the oppression remedy?

In this comment, …