Emerging from the OECD G20 BEPS Project a new somewhat fuzzy notion of Value Creation came to
permeate not only Transfer Pricing language but also wider allocation rules and anti-abuse
provisions in international tax law. The notion of 'Value Creation' reframes the interpretation
and application of the Arm's Length Principle (ALP) that is embedded in Articles 7 and 9 of the
OECD Model Convention. This new Value Creation notion and approach assist in understanding key
enterprise functions while different industry sectors manifest these concepts in various ways.
Situating such notions and this approach within the law of tax treaties and analyzing terms of
the OECD Transfer Pricing Guidelines alongside their factual context is the aim of this book.
Here law students address Transfer Pricing and Value Creation in sectors as varied as
commodities trade automotive consumer products food and beverages pharmaceutical and life
sciences telecommunications and the key topic of value creation in a digitalized economy. Our
LL.M. students were required to address issues not explored in legal research and to discuss
factual topics relevant for Transfer Pricing. All students focused on topics that are new to
the international tax debate that keep evolving and on factual matters that often escape legal
research.
