LAWCOMM 767 : Special Topic: Transfer Pricing

Law

2025 Semester Two (1255) (15 POINTS)

Course Prescription

No prescription

Course Overview

The course offers students a thorough analysis as to the workings of the Arm’s Length Principal (“ALP”), as set by the OECD in its Transfer Pricing Guidelines (2021). The course will outline how multinationals set their cross border related party transfer prices for goods, services, interest, management fees, and royalties. Accordingly, students will be given a solid grounding in the foundations of transfer pricing method selection and application, as well as the governmental documentation requirements. New Zealand’s specific domestic law transfer pricing provisions, transfer pricing guidelines, and relevant Tax Treaty Articles will also be covered.

The course will then explore some of the key challenges facing the global transfer pricing framework. This will include a review of how multinationals use transfer pricing to shift profits from high tax locations (such as New Zealand) to lower tax locations. The concepts underpinning this issue will be explored, including value creation, delineation, exit and conversion payments, and business restructuring.

Finally, the course will assess the sustainability of the global transfer pricing framework and the future challenges it faces, including the digitisation of the economy. Options for the future development of global income allocation will also be considered.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication

Learning Outcomes

By the end of this course, students will be able to:
  1. Articulate and apply the core transfer pricing principles in relation to setting transfer prices between related entitites. (Capability 3.1 and 4.1)
  2. Identify the key transfer pricing risks and risk management strategies associated with multinational business restructuring and planning. (Capability 3.1, 3.2 and 4.1)
  3. Understand and evaluate the key challenges and issues with the operation of the international transfer pricing system that creates instability within the global income allocation process. (Capability 3.1, 3.2, 4.1, 5.1 and 6.1)

Assessments

Assessment Type Percentage Classification
Participation 10% Individual Coursework
Initial assessment of course readings 40% Individual Coursework
Research essay 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3
Participation
Initial assessment of course readings
Research essay
Particpation 
Particpation is worth 10% of the final grade. Allocating marks to class participation reflects the desire to encourage feedback and discussion within the course. Although the course will be taught predominantly in a lecture format, the small size of the class (no more than 20 students) encourages interaction and student participation. Each student is expected to make individual contributions to the class discussions throughout the course. Students will be individually assessed on the quality of their contributions. 

Workload Expectations

This is a 15-point course taught intensively over three days.  There will be around 24 hours of lectures/dicussions in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected over the three day intensive and because the course is designed to be participatory, it depends upon students being personally present and actively contributing. The discussions will often go in interesting directions precisely because of contributions in class.

The normal expectation is that students will select their research topic during the course, based on particular aspects of the course that they find especially interesting and wish to pursue.


Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Sudent feedback from 2024 will be taken into account. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/11/2024 05:48 p.m.