Legal Framework for Transfer Pricing Control in Russia and the USA: a Comparative Study

Today, tax planning is an important part of management activities in international practice. One of the effective tax planning mechanisms is transfer pricing. The relevance of the topic under consideration is determined by the changes in tax legislation that are taking place in the framework of projects of the Organization for Economic Cooperation and Development (OECD). Modern Russian tax legislation despite the six-year experience of regulating transfer pricing still has a number of gaps and controversial categories which inevitably cause problems in the process of law enforcement. In this regard, it seems necessary to refer to the foreign practice of regulating transfer pricing for analysis, evaluation and, possibly, further integration of mechanisms for resolving the problems that currently exist in Russian practice. In our opinion, the United States of America as the first country adopted special legislation governing transfer pricing has the most enormous experience in transfer pricing regulation.