The National Audicence, in the statement dated May 31st 2023, has deemed that, in the transfer pricing adjustment carried out, the reference to the fact that the margins are excessively wide is not considered sufficiently expressive of the reasons that would justify the application of the median.
In the opinion of the NA, the rationale provided by the Tax Administration regarding the excessively wide margins is not considered sufficiently expressive of the reasons that would justify the application of the median in the manner expressed. Therefore, the Court has upheld the argument at this point and deemed appropriate the application of the lowest point of the arm’s length range determined by the Tax Administration.
