Introduction
The Central Board of Direct Taxes (CBDT) has recently released updated guidelines on transfer pricing documentation, reflecting changing global norms and the evolving business landscape. These changes are part of India’s continued efforts to align its regulatory framework with OECD’s Base Erosion and Profit Shifting (BEPS) Action Plan, reduce compliance burdens, and enhance audit efficiency. This article examines the revised guidelines, their rationale, impact on Indian taxpayers—particularly multinational enterprises (MNEs)—and strategic steps to stay compliant and audit-ready.
Since their introduction in 2001, India’s transfer pricing (TP) rules under Sections 92–92F and Rules 10A–10THD of the Income Tax Act have required taxpayers to document arm’s-length pricing for international and specified domestic transactions . The adoption of three-tiered documentation (Master File, Local File, and Country-by-Country Reporting (CbCR)) in 2016 reflected India’s endorsement of OECD BEPS Action 13.
However, rising audit frequencies and demand for annual benchmarking began to burden companies with repetitive compliance. OECD-endorsed global practices encourage updating benchmarking studies less frequently—every three years—if business conditions remain consistent . The CBDT’s new guidance addresses this concern.
Under the new Finance Bill 2025, taxpayers may opt for block transfer pricing assessments .
Three-Year Block Assessments Allowed: Taxpayers can choose to lock in the arm’s-length price (ALP) determined by the Transfer Pricing Officer (TPO) for a base year and apply it to similar international or specified domestic transactions for the following two years.
Simplified Compliance: Once the option is approved, the TPO will determine ALP for the subsequent two years without separate annual TPO interventions.
Optional and Flexible: The block assessment is elective. Taxpayers must apply to the TPO in prescribed form within the stipulated time, and the TPO has one month to grant approval.
AO Role Limited: If approved, the Assessing Officer (AO) will recompute income based on TPO’s block order and any Dispute Resolution Panel directions—streamlining assessments.
This aligns India with global best practices—for instance, OECD, Netherlands, and Singapore permit multi-year TP benchmarking .
The revised guidelines maintain robust documentation requirements while integrating practical flexibility:
Annual Local File: Taxpayers must continue preparing annual Local Files under Rule 10D if international transactions exceed ₹1 crore or specified domestic transactions exceed ₹20 crore
Master File & CbCR: Applicable for MNEs with international related-party transactions over ₹500 million or annual group turnover above ₹5 billion .
Benchmarking Frequency: While Local Files remain annual, benchmarking analysis for comparables may now be done every three years under the block assessment regime, provided business operations and comparability factors are substantially unchanged .
Form Updates: There's no change in Form 3CEB deadlines—TP documentation must be contemporaneous with tax filing (by 31 October) .
These adjustments reduce duplication, especially for stable businesses maintaining similar levels of intercompany transactions.
The revised guidelines aim to foster voluntary compliance and streamline audit processes:
Reduced Audit Frequency: Block assessments potentially eliminate annual TPO references, cutting down repeated audits and reducing taxpayer interruptions.
Time-Bound Approvals: The TPO’s one-month approval window adds clarity and predictability to assessments MGO CPA.
Audit Focus on Substance: Authorities can use saved time to delve deeper into complex issues—like intangibles or financial transactions—rather than repeat benchmarking annually.
For tax authorities, this means more efficient allocation of resources. For taxpayers, it translates to better cost management, reduced compliance fatigue, and planning certainty.
India’s reforms echo OECD and UN guidelines:
OECD Pillar 4 Support: OECD recommends updating comparables every three years and refreshing financials annually—mirrored in the block assessment framework Grant Thornton International Ltd.
UN Best Practices: India’s ongoing reliance on three-tier documentation reflects alignment with UN guidance on transfer pricing disclosures .
This alignment fosters transparency, lowers disputes, and makes India a more appealing jurisdiction for cross-border investment.
These developments have broad implications for companies:
Cost Savings: MNEs with steady transactional patterns can reduce benchmarking costs and audit expenses.
Strategic Stability: Predictable ALP pricing over three years aids forecasting and intra-group planning.
Adoption Planning: Multinationals must assess readiness—block option applies only when comparability and conditions remain materially consistent.
Documentation Discipline: While block assessments ease benchmarking, Local Files and Master Files must remain accurate, current, and comprehensive.
Risk Mitigation: The regime shields taxpayers from annual ALP changes, reducing volatility in taxable income.
However, caution is warranted: businesses undergoing structural, geographic, or functional shifts must reconsider block adoption to prevent mispricing risks.
To leverage the new framework effectively:
Review Int’l & SDT Transactions annually to determine eligibility.
Prepare Robust Local & Master Files proactively, ensuring alignment with rules.
Engage TPO Early to discuss block assessment option and timelines.
Monitor Business Changes—periodically confirm if block pricing still applies.
Stay Alert to Regulatory Updates on forms, thresholds, and penalties.
Plan Tax Positions Strategically, using ALP certainty for budgeting.
The CBDT's revised transfer pricing documentation guidelines and the introduction of block assessments mark a forward-thinking shift in India’s TP regime. By blending compliance flexibility with international best practices, the framework offers relief to businesses and promotes a more predictable and audit-efficient environment. Firms must act diligently to align internal policies, enhance documentation, and evaluate eligibility for block assessments. With the right approach, these reforms can transform transfer pricing from an annual burden into a strategic advantage.