In July 2010, the OECD
approved significant changes to chapters one to three of the transfer pricing guidelines, and shortly after issued a request for comments about what a project looking at intangibles should look at. The request asked respondents to spell out where they felt the guidance was falling short.
The deadline for comments passed in mid-September and the OECD
received 47 comments, including feedback from TEI.
One of the most significant sources of concern surrounded the way the guidelines deal, or do not deal, with intangibles.
The OECD has not provided a definition of intangibles in the guidelines, only an illustrative list of items that can be categorised as intangibles.