IRAS Fortifies Singapore’s Transfer Pricing Certainty with the 8th Edition of Singapore Transfer Pricing Guidelines

The Inland Revenue Authority of Singapore (“IRAS”) released the 8th Edition of Singapore Transfer Pricing Guidelines (“8th Ed TPG”) on 19th November 2025. The 8th Ed TPG introduces several notable updates to Singapore transfer pricing (“TP”) compliance requirements, and importantly, enhanced international tax dispute resolution tools, which we summarise below. 

A.    Amount B pilot project: Singapore implementation phase 

IRAS has introduced the Simplified and Streamlined Approach (“SSA”)—Singapore’s adoption of the OECD Pillar One Amount B framework—for marketing and distribution activities. This initiative will be implemented on a three-year pilot basis from 1 January 2026 to 31 December 2028 (“Pilot Implementation Period”). 

The SSA aims to simplify the TP process for routine marketing and distribution activities for taxpayers when they meet the conditions below: 

1. Qualifying transaction: The transaction must involve either buy-sell marketing and distribution activities or sales and sales agency and commissionaire transactions;
2. TP method: The transaction must be reliably priced using a one-sided TP method (e.g., a traditional transaction method or the Transactional Net Margin Method (TNMM)), with the distributor, sales agent or commissionaire being the tested party; and
3. Operating intensity criteria: The annual operating expenses of the tested party must be between 3% and 30% of its annual net revenues (OES ratio). 

A two-step approach is applied to determine the return on sales (“ROS”) for the qualifying transaction: 

• Step 1: Identify the ROS from the pricing matrix which corresponds to the tested party’s industry grouping, net operating asset intensity (OAS) and operating expense intensity (OES); and
• Step 2: Perform the operating expense cross-check, which is intended to prevent both over-remuneration and under-remuneration of entities in relation to their levels.

The SSA will be treated as providing an arm’s length outcome and its application would eliminate the need for a separate benchmarking study. 
 

BDO insight While the SSA offers a welcome pathway to simplify Singapore TP documentation compliance, its practical application requires careful navigation. As a starting point, taxpayers considering the SSA should proactively identify potentially in-scope transactions and perform a comparative analysis of their current TP policies against the proposed Amount B pricing. Beyond this initial assessment, strategic adoption is crucial. Taxpayers should carefully evaluate whether the SSA aligns with their specific circumstances and closely monitor its implementation globally. Ideally, Singapore taxpayers should apply the SSA only where the Singapore tested party has qualifying transactions with a counterparty jurisdiction that has also adopted the SSA (or Amount B). This bilateral alignment is essential to achieving the tax certainty and simplification envisaged under the framework, ensuring that the pricing outcome is accepted by both tax authorities. To note, jurisdictions such as New Zealand, Australia, Norway, and Turkey have opted out of Amount B. Other considerations include the timing difference between the OECD recommended start date of 1 January 2025 and Singapore’s SSA commencement on 1 January 2026. Groups that had adopted Amount B globally will need to determine an appropriate transitional approach for the intervening "gap year”. In addition, multinational groups must review their financial reporting systems to ensure they are capable of segmenting and producing the granular data required for accurate Amount B calculations. Looking ahead, the pilot nature of the SSA also introduces a strategic dimension to TP planning. With the current framework set to run until 31 December 2028, businesses should remain agile. It will be important to monitor whether the SSA is permanently integrated into the TP framework or if further adjustments are required post-pilot. Keeping a close watch on these developments will allow taxpayers to adapt their policies efficiently, minimising potential compliance adjustments should the landscape evolve. We will detail further information regarding the specific mechanics of the SSA in a separate tax alert.

B.    Enhancing Dispute Resolution: Protective Mutual Agreement     
        Procedures (“Protective MAP”) and Procedural Clarifications

IRAS has introduced new guidance in the 8th Ed TPG to strengthen the MAP framework. New provisions now allow taxpayers to file a "protective" MAP application to preserve their rights under the relevant tax treaty while simultaneously pursuing domestic legal remedies (such as appeals or litigation) in a counterparty jurisdiction.

• Concurrent action: Taxpayers can file for MAP within the treaty deadline even if domestic remedies are ongoing or being considered.
• Deferral mechanism: Taxpayers can request IRAS to defer the examination of the MAP application until domestic proceedings are concluded or a decision is made to proceed. This ensures taxpayers do not miss critical filing deadlines while exploring all dispute resolution avenues.

IRAS has also refined the administrative steps for the MAP to improve communication. Updates include specifying the information that should be submitted one month before a scheduled pre-filing meeting and explicitly stating the foreign competent authority will be notified upon receipt of a MAP application. Additionally, the guidance clarifies that a MAP outcome will only be implemented after taxpayer agreement and exchange of formal confirmation and closing letters by the competent authorities.
 

BDO insights The formal introduction of the protective MAP mechanism and additional procedural clarifications signals IRAS’ expectation of rising dispute volumes amidst an increasingly complex global tax landscape. While the concept of a protective MAP is not new—having been observed in practice locally and formally adopted in jurisdictions such as the United Kingdom, Ireland, and Nigeria—its codification in the Singapore guidelines provides welcome procedural clarity. This mechanism serves as a critical safeguard, allowing taxpayers to preserve their access to treaty-based resolution without forfeiting domestic legal rights.

 

C.    Refining the approach for related party loans 

The 8th ED TPG introduces compliance relief for domestic related party loans, stricter guidance on the maintenance of arm’s length standards and clarifies the consequences of non-compliance.

Relaxation of rules for domestic related party loans 

IRAS has dialled back its requirements for domestic related party loans (where both the lender and borrower are Singapore taxpayers). In the 7th Ed TPG, IRAS had required taxpayers to apply the indicative margins or to perform TP analysis to determine the arm’s length interest rate on domestic loans. In this 8th Ed TPG, IRAS has clarified that they will not make any TP adjustments, or request taxpayers to submit TP documentation for domestic loans made between taxpayers not in the business of borrowing or lending. 

Power to recharacterise or disregard funding arrangements

The 8th Ed TPG reinforces IRAS’ authority to recharacterise or disregard related party funding arrangements. Taxpayers are reminded to carefully determine whether a funding structure should be classified as debt or equity based on its economic substance. IRAS may disregard a transaction if it lacks commercial rationality and is structured in a way that independent parties would not have agreed to, considering realistically available options. Furthermore, for hybrid instruments, IRAS reserves the right to vary or disregard arrangements that constitute tax avoidance, potentially triggering the General Anti-Avoidance Rule under Section 33A of the Income Tax Act 1947 (“ITA”). 

Requirement for annual review

The 7th Ed TPG had clarified that taxpayers are required to review their related-party loans each year. In the 8th Ed TPG, IRAS has extended guidance on the ongoing monitoring of loans, and the need to document the outcome of the review in the TP documentation. In summary, an annual review is required to assess if there are significant changes to the facts and circumstances (e.g., in the economic environment, borrower’s financial status, etc.), which might impact the interest rate. For instance, a refinancing event would likely require repricing. The outcomes of this review must be documented in the TP documentation. To ease compliance, taxpayers may prepare simplified TP documentation if there are no significant changes. 

Consequences of non-compliance 

IRAS has explicitly outlined the consequences for failing to apply arm’s length interest rates in the case of (a) an interest expense in excess of the arm’s length amount, (b) outbound related party cross-border loans, (c) inbound related party cross-border loan, and (d) that IRAS may not support the taxpayer in MAP discussions relating to interest charges. 
 

BDO insights The relaxation of rules for domestic loans is a welcome development, offering greater flexibility and reduced compliance costs for taxpayers managing intragroup financing within Singapore. However, this specific relief should not be interpreted as a departure from the fundamental requirement that related party financing must adhere to the arm's length principle. Crucially, the guidance on recharacterisation serves as a reminder that the substance of any funding arrangement—whether debt or equity—must first be examined. Taxpayers must also ensure that all funding structures are commercially rational and not merely arbitrary labels, as IRAS retains the power to disregard or recharacterise transactions that do not reflect economic reality. Furthermore, the emphasis on annual reviews reinforces that intercompany loans cannot be treated as static arrangements; taxpayers must actively substantiate that their rates remain arm's length in light of changing economic conditions.  Finally, we welcome the explicit codification of the consequences for non-compliance. While these measures have long been observed in practice during tax audits, their formal inclusion in the guidelines provides taxpayers with greater certainty and transparency regarding the specific financial risks of deviating from arm's length pricing.

 

D.    Other clarification updates 

Surcharge 

The 8th Ed TPG provides new clarity on how surcharges are treated when a TP adjustment is modified during the objection or appeal process. While the 7th Ed TPG established that a surcharge is imposed immediately upon assessment (regardless of taxpayer disagreement), the 8th Ed TPG clarifies that the surcharge is tied to the final quantum of the TP adjustment. If the underlying TP adjustment is subsequently increased, reduced, or annulled, the surcharge will be adjusted accordingly. Crucially, IRAS confirms that any excess surcharge paid will be refunded to the taxpayer.  

Recourse for taxpayers

The 8th Ed TPG clarifies the avenues available to taxpayers who disagree with the TP adjustment proposed by IRAS. These include objecting through the formal objection and appeal process, seeking recourse through domestic legal channels provided under the ITA and/ or resolving through a MAP. 

Simplified TP documentation requirements

The simplified TP documentation was first introduced by IRAS in the 5th Ed TPG in 2018. Under this framework, the simplified TP documentation must include a declaration by the taxpayer confirming that it has prepared qualifying past TP documentation (“QPTPD”) as well as provide a copy of the QPTPD by way of an attachment to the simplified TP documentation. 

In the 8th Ed TPG, IRAS has reinforced its stance clarifying that if the simplified TP documentation does not contain the declaration, taxpayers would be deemed not to have met the requirements under Section 34F of the ITA. 

Strict pass-through costs 

The 8th Ed TPG tightens the requirements for treating certain costs as “strict-pass-through” costs.  

IRAS has further clarified that invoices issued by the group service provider do not constitute a “written agreement” for the purpose of condition (d). Taxpayers must have a distinct written agreement (which can be via email correspondence), providing that the benefitting related party explicitly assumes the liabilities for the acquired services. IRAS also now explicitly mandates that taxpayers explain the basis for treating any costs as strict-pass-through costs in their TP documentation. 

Attribution of profits to a permanent establishments (“PE”) and tax filing obligation 

The 8th Ed TPG has been updated to emphasise that the attribution of profits to a PE is governed by the Business Profits Article of the relevant Double Tax Agreement and must align with both the relevant bilateral tax treaty and the arm’s length principle.

Additionally, clarification is provided that when no further profit attribution is required, the PE is exempted from filing a corporate tax return in Singapore, provided the PE has no other taxable presence or Singapore-sourced income. 

Capital transactions 

In the 7th Ed TPG, IRAS clarified that it will not make any TP adjustments relating to any gain, loss or deduction arising from capital transactions and that taxpayers are not required to prepare a TP documentation for such transactions. 

In the 8th Ed TPG, IRAS has further clarified that taxpayers nonetheless must be able to substantiate their basis for treating the gain, loss or deduction as capital in nature such that TP documentation is not required, and the basis must be consistent from both a corporate tax and TP perspective.
 

BDO insights These other updates in the 8th Ed TPG are not merely administrative clarifications; they represent a concerted effort by IRAS to tighten the technical framework surrounding TP compliance. Collectively, these changes reinforce a singular message: the importance of robust and contemporaneous documentation to demonstrate that related party transactions are at arm’s length. It is anticipated that IRAS will apply these clearer standards during future TP audits and reviews. As such, businesses would be well-advised to proactively review their positions now to ensure they can withstand this heightened level of inquiry.

E.    Conclusion

The release of the 8th Ed TPG, coming just 18 months after the previous edition, underscores IRAS’ intent to rapidly evolve Singapore’s TP framework in lockstep with global developments.

For taxpayers, this update presents a dual narrative. On one hand, there are clear pathways to reduce compliance friction, most notably through the pilot implementation of the SSA, and the relaxation of rules for domestic related party loans. On the other hand, these concessions are balanced by the distinct tightening of the administrative requirements and a clear signal that IRAS is bracing for a rise in controversy. 

Ultimately, the 8th Ed TPG serves as a signal that "set and forget" TP policies are no longer viable. Businesses must move beyond passive compliance and proactively stress-test their TP positions now. Furthermore, with dispute landscape becoming more active, taxpayers should not only focus on defence but actively consider dispute resolution avenues such as MAP and advance pricing arrangement (APA), ensuring they are sufficiently robust to withstand the more rigorous enforcement landscape that lies ahead.