Transfer pricing documentation
17A Transfer pricing documentation
(1) This section applies if a saleable mineral commodity is removed from a production unit without sale and is dealt with by the royalty payer in circumstances that involve transfer pricing.
(2) A royalty payer must retain at the production unit, or at some other place in Australia agreed between the royalty payer and the Secretary or, in the absence of agreement, as determined by the Secretary, all documents that:
(a) are created by, or come into the possession of, the royalty payer; and
(b) are relevant for determining the gross value of the saleable mineral commodity.
Maximum penalty: 200 penalty units.
(3) Without limiting subsection (2)(b), the following are relevant for determining the gross value of the saleable mineral commodity:
any transfer pricing arrangement;
any relevant audit of the kind mentioned in section 4AAA(4);
(c) any relevant advance pricing arrangement, as defined in section 4AAA(5);
(d) if section 4AAB applies – all matters mentioned in that section.
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