One of the main problems of contemporary commercial and financial relations is the determination of a transfer price which would be acceptable by both tax payers and tax authorities. The article presents a critical approach to various attempts undertaken to determine a model of conduct for related entities adopted both in TPG and MC OECD. The author is of the opinion that this model does not reflect a trend seen in economic reality in tax law. Instead, he argues that the model expresses growing fiscalism. That is, the model of conduct currently used marginalizes a need to define a notion of the contemporary free market. In addition, the model does not take account the peculiarity of the related entities and their transactions. Furthermore, not enough reference is made to the possible impact of state intervention on the conduct known to tax authorities as the Code of Market Conduct.
Intertax