The term "not
at arm's length" means persons acting in concert without separate interests or who are related.
Since the transfer was
at arm's length, there were no additional tax consequences to the husband when his ex-wife later exercised the options.
Consequently, assuming the parties are
at arm's length when the agreement is entered into and assuming the terms of the agreement are not subsequently modified, a change in the parties' relationship from arm's length to non-arm's length should not bring the parties into the transfer-pricing provisions with respect to the supply agreement.
The Service presented no evidence or testimony establishing that its determinations are
at arm's length. It simply contends, the "application of the express terms of Treas.
Additionally, partnership reporting will be required with respect to transactions with nonarm's length non-residents as well as non-residents with whom members of the partnership do not deal
at arm's length. In all cases, section 233.1 reporting is required only outside a "safe harbor"--specifically, if the cumulative fair market value of property transferred and services provided in relevant reportable transactions exceeds $1 million for the reporting person or partnership.(22)
However, two other affiliates were required to be included in the consolidated return, because they lacked economic substance and their intercompany loan transactions were not
at arm's length.
(3) Under Canadian law, if persons are "related" within the specific rules of section 251(2) of the Act (e.g., any two corporations where either one controls the other by reference to the ownership of more than 50 percent of the shares entitled to vote, or both are so controlled by the same party), they are deemed, under section 251(l), not to deal
at arm's length. In addition, even if not related, taxpayers may be treated as not dealing
at arm's length.
2036(a); because family members were involved, the transaction could not have been
at arm's length. In making this determination, the court relied on the definition of arm's-length transaction provided in Black's Law Dictionary (4)--a transaction involving two parties who are not related or not on close terms.
"According to the Merriam-Webster Online Dictionary (www.m-w.com), a "bargain" is "an agreement between parties settling what each gives or receives in a transaction between them or what course of action or policy each pursues in respect to the other" This point is extremely important in illustrating the part that negotiations and their documentation play in determining whether a transfer is
at arm's length. Often, cases fall short of the requirement of a transfer, because no bargaining occurs between the potential partners in the new entity, in many scenarios, including Est.
In international transactions between related parties (and other persons not dealing
at arm's length), the Canadian Income Tax Act (ITA) requires that the amount paid or received be an amount that "would have been reasonable in the circumstances if the nonresident person and the taxpayer had been dealing
at arm's length."(3) The ITA, however, does not provide any guidelines or tests.
The City Tribunal found that the taxpayer established that the royalties were priced
at arm's length, and that the City did not adequately rebut this showing.
The example provides that--in spite of the presence of an uncontrolled transaction-- the district director may consider the parent's alternative of producing and selling the product as a factor potentially affecting the amount the parent would demand as a royalty for the proprietary process if it were dealing with an uncontrolled taxpayer
at arm's length. The example thus focuses on the fact pattern presented in the Bausch & Lomb case.
