These regulations, governed by Section 127A of the Taxation Act, not only apply to multinational corporations but also to locally incorporated groups of companies, redefining the game in comparison to the OECD model.
In this regulatory landscape, adherence to the "arm's length principle" is key, guiding businesses through transfer pricing methods, detailed documentation requirements, and the repercussions of non-compliance, all while drawing a fine line between harmonizing with the OECD guidelines and standing firm on Malawi's unique regulatory ground.
Delving deeper, businesses must meticulously maintain contemporaneous documentation, benchmark controlled transactions against uncontrolled ones, and carefully select appropriate transfer pricing methods, all essential for navigating the regulatory maze and avoiding penalties.
And while the regulations follow international standards, including OECD guidelines, they maintain their unique Malawian identity, with no provisions for Advance Pricing Agreements (APAs). This regulatory ride is a challenging yet exhilarating journey for businesses, emphasizing the importance of playing by the rules to avoid pitfalls and emerge successful in the African business landscape.
Download the full Grant Thornton Africa Transfer Pricing Landscape Guide 2023/2024. This guide offers in-depth information and valuable insights into transfer pricing across various African countries, providing a comprehensive resource for understanding the evolving transfer pricing environment in the region.
