Theoretical Reflection on Transfer Pricing Policy in Morocco and Its In-depth Comparison with OECD Guidelines

Abstract

The expansion of multinational corporations is closely linked to the globalization of economies. This global dynamic encourages companies to explore new opportunities and expand their activities beyond national borders. With the increase in global interconnection of businesses, the importance of having comprehensive and strategic tax policies becomes evident. In this context, the tax policy on transfer pricing plays a crucial role. This policy is specially designed to discourage companies from engaging in the practice of artificially transferring profits from one subsidiary to another, aiming to minimize the company's total tax burden on an international scale. By ensuring that transactions between subsidiaries adhere to the arm's length principle, that is, are conducted under conditions similar to those between independent entities. This policy aims to preserve the integrity of tax systems and prevent tax evasion. Thus, it contributes to a fairer distribution of tax burdens among multinational entities. This article conducts a theoretical reflection on the transfer pricing policy in Morocco and its in-depth comparison with the guidelines of the Organization for Economic Co-operation and Development (OECD). It also examines the evolution of Moroccan legislation and the suggested reforms related to transfer pricing policy. The article discusses the traditional and transactional methods used to analyze commercial and financial links between affiliated entities. The article also highlights the challenges and constraints associated with advance transfer pricing agreements, offering a critical perspective on the attempts to align Moroccan regulations with OECD standards. The study reveals that the Moroccan framework for transfer pricing deviates from the OECD recommendations, particularly due to a lack of precise guidelines and the absence of rules for specific situations. However, this policy in Morocco also shows some alignment with the OECD guidelines, notably through the incorporation of the arm's length principle and the establishment of the advance pricing agreement procedure.

Keywords: Tax Policy, Arm's Length Principle, Multinationals, International Taxation, OECD, APA, Morocco.

JEL Classification: F23, H2, G28.

Paper type: Theoretical Research.