In 1988, the US Treasury Department published a study of inter-company pricing (the 'White Paper') that included the following endorsement of the so-called arm's length standard (ALS) for examining the reasonableness of transactions between related parties for tax purposes: The arm's length standard is embodied in all U.S. tax treaties; it is in each major model treaty, including the U.S. Model Convention; it is incorporated into most tax treaties to which the United States is not a party; it has been explicitly adopted by international organizations that have addressed themselves to transfer pricing issues; and virtually every major industrial nation takes the arm's length standard as its frame of reference in transfer pricing cases. The United States should continue to adhere to the arm's length standard.
Publication Information & Recommended Citation
Avi-Yonah, Reuven S. "Transfer Pricing Disputes in the United States." In Resolving Transfer Pricing Disputes: A Global Analysis, edited by E. Baistrocchi and I. Roxan. New York: Cambridge Univ. Press, 2012.