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Micro, small or medium-sized enterprises shall be excluded from scope of the Transfer Pricing Rules (the Rules). According to the Rules, micro, small or medium-sized enterprise means undertakings fulfilling the criteria laid down in Annex I of Commission Regulation (EU) No 651/2014, as in force at the relevant time (the ‘SME Definition’), which could turn out to be a very complex exercise. Therefore ascertaining whether a Company falls within the ambit of the said SME definition is crucial in determining whether a Company falls within the scope of the Rules or otherwise.
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