Taxes Consolidation Act 1997 section 835D

Principles for constructing rules in accordance with OECD guidelines

Section 835D provides that the transfer pricing rules in Part 35A are to be construed in accordance with the OECD Transfer Pricing Guidelines and related OECD guidance, and gives the Minister for Finance power to designate additional OECD material as forming part of those guidelines.

• The transfer pricing rules in section 835C must be interpreted consistently with the 2022 OECD Transfer Pricing Guidelines and with Article 9(1) of the OECD Model Tax Convention, whether or not a double taxation treaty actually applies to the relevant computation.
• Where double taxation relief arrangements do apply, those arrangements take precedence — the consistency requirement cannot override the terms of an applicable treaty.
• The Minister for Finance may by order designate additional OECD guidance published on or after the date of the Finance Act 2022 as forming part of the transfer pricing guidelines for the purposes of Part 35A.
• Any such ministerial order must be laid before Dáil Éireann and may be annulled by resolution within 21 sitting days.