Assessing Arm’s Length Guarantee Fee: Insights from the Crédit Industriel et Commercial Case

In a context where more and more tax disputes relate to intercompany financial guarantees, this article analyses the Crédit Industriel et Commercial case and its practical implications.
This decision highlights certain divergences that can arise between taxpayers and tax authorities when defining an arm’s length guarantee fee. In this case, such differences revolved around both the delineation of the guarantee as well as the appropriate pricing methodology.
International Transfer Pricing Journal, IBFD, 11 April 2024, Théophile Trancart