Who must maintain transfer pricing documentation (Subdivision 815-D)?

Multinational groups must keep contemporaneous transfer pricing documentation per Subdivision 815-D ITAA 1997.

Subdivision 815-D of the ITAA 1997 sets contemporaneous transfer pricing documentation requirements. Aligned with OECD BEPS Action 13 — Master File, Local File and Country-by-Country Report depending on group size. Documentation must be in place when the tax return is lodged.

Applies when the business has foreign ownership.

How the regulator frames it: Australian entities in multinational groups; threshold-dependent.

What triggers it: International dealings between associates.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires foreign ownership.

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

• The business is foreign-owned: it then applies (foreign-owned).

When due

Contemporaneous — in place by tax return lodgement.

Frequency

Annual

Evidence to keep

Master File, Local File, CbC Report; supporting analysis.

Status

Current

Priority

High

Maximum penalty: Documentation penalty up to $165,000 for failure to keep records; transfer pricing adjustment + interest + penalty tax.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• Australian Business Number (ABN) application: Entities carrying on an enterprise in Australia need an ABN — without one, payers must withhold 47% PAYG from your payments. How to apply and who's eligible.
• Lodge Business Activity Statements at assigned frequency: GST-registered entities must lodge a BAS monthly, quarterly or annually as the ATO assigns.
• Make trustee resolutions for trust distributions by 30 June: Discretionary trust trustees must validly resolve to distribute trust income before the end of the FY.
• Pay company PAYG/GST/SG or face Director Penalty Notice (DPN): Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
• TASA Code Determinations from 1 August 2024: Tax practitioner code reformed via Code Determinations — false + misleading statements + supervision + breach reporting.

Rules Mate tracks 37 published obligations tagged "tax", 6 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 7 of those apply outright. This obligation is rated high priority, and is a annual obligation.

Regulated by Australian Taxation Office.

ATO: Federal tax administrator covering income tax, GST, PAYG, FBT, superannuation guarantee, STP, and self-managed super funds. Also administers the Director ID regime via ABRS.

• Australian Taxation Office

ITAA 1997: Modern federal income tax statute (replaces ITAA 1936 progressively).

• Income Tax Assessment Act 1997

Free tools that help with this obligation:

• GST registration scope
• FBT calculator
• Compliance calendar builder