The EU JTPF Continues to Discuss Triangular Cases under the Arbitration Convention

Abstract:
The representatives of EU Member States in the Joint Transfer Pricing Forum (JTPF - hereinafter ‘Forum’) have raised concerns about the application of the Arbitration Convention in a triangular situation involving transactions with a related company in a non-EU third state. The point of view of taxpayers, as expressed in a paper issued by the business members of the Forum, is that a triangular situation could be approached without any adjustment to the existing arrangements under the Arbitration Convention. A report being drawn up by a sub-group of the Forum aims to define such triangular situations and set out approaches to dealing with them.