Based on the above you may see that the transfer pricing has been more and more focused by the Thai Revenue Department. It is strongly recommended that the transfer pricing documentation and transfer pricing risk review should be prepared and performed to manage the risks in advance.
As informed you previously, the Head of Transfer Pricing Audit and APA Working Team early retired and joins us as a full-time tax advisor. She just informed me last Friday that last week the Thai Revenue Department was a host of International Tax Dialogue Conference with World Bank and the Tax Authorities from 20 countries. The main discussion is about the cross-border transactions between the Group and the transfer of profit. This may indicate that the tax authorities in this region will more focus on the transfer pricing audit.
We understand that you have never prepared the transfer pricing documentation before. We would like to recommend you to prepare the transfer pricing documentation as per Paw 113/2545 to manage the risks in advance. If you agree, could we submit a draft proposal to you and Japan for As explained to you, NEC TH has several related-party transactions (i.e. purchase, sale, services, etc.). In addition, the operating margins (“OM”) of NEC TH has decreased. NEC TH earned 3.5 percent OM for fiscal year ended March 2010, 4.4 percent OM for fiscal year ended March 2011 and 0.4 percent OM for fiscal year ended March 2012. The sharp drop of the profitability and the significant level of related-party transactions may raise red flag to the Thai tax officers to conduct the transfer pricing audit on NEC TH. As a result, it is strongly recommended that the transfer pricing documentation should be prepared. We also attached the first draft transfer pricing proposal for your attention.
consideration.