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HANDBOOK OF 40 KEY QUESTIONS AND ANSWERS ON RELATED PARTY TRANSACTIONS (DECREE 255/2026/ND-CP)

HANDBOOK OF 40 KEY QUESTIONS AND ANSWERS ON RELATED PARTY TRANSACTIONS (DECREE 255/2026/ND-CP)

Decree No. 255/2026/ND-CP introduces a number of notable provisions on related-party transactions and taxpayers’ obligations. CDLAF Law Firm presents 40 key questions and answers to help businesses quickly understand the regulations and proactively ensure compliance.
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Key takeaways:

  • Scope of application and identification of related-party relationships: ownership ratios, lending relationships, control rights, and family relationships.
  • Determination of related-party transaction prices: pricing methods, arm’s-length range, and principles of analysis and comparability.
  • Service expenses and interest expenses: potentially non-deductible expenses and the 30% EBITDA cap on deductible interest expenses.
  • Transfer pricing documentation: Local File, Master File, and Country-by-Country Report; deadlines for providing documentation upon request by tax authorities.
  • Cases eligible for exemption from preparing transfer pricing documentation: conditions relating to revenue, related-party transactions, advance pricing agreements, and profit margins.
  • Rights and obligations of enterprises and tax authorities: confidentiality of information, data provision obligations, and tax assessment rights where enterprises fail to meet the requirements.
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