Archive · 9 Nov 2025
Finance Ministry Retains Transfer Pricing Tolerance Band for AY 2025-26
Imagine companies that operate in different countries.
When these branches buy or sell things to each other, they need to use prices that are fair, like what unrelated companies would charge.
This is called 'transfer pricing'.
To make it easier, the government has a rule: prices are considered fair if they are very close to the 'fair price'.
There's a small wiggle room, called a tolerance band.
For some companies, this wiggle room is 1%, and for others, it's 3%.
The government has decided to keep these same wiggle room percentages for another year (2025-26).
This helps companies know what to expect and makes it easier to fill out their tax forms.
However, some experts think a new law might change how this works in the future, making these yearly announcements less important.
The Finance Ministry has maintained the existing tolerance bands for transfer pricing for assessment year 2025-26.
The tolerance range remains 1% for wholesale traders and 3% for other taxpayers for determining the arm's length price (ALP).
This move is expected to provide policy stability and simplify compliance for businesses involved in cross-border and specified domestic transactions.
The definition of wholesale trading and the governing Section 92C of the Income Tax Act, 1961 remain unchanged.
Some experts suggest that future legislative changes may render these annual notifications obsolete.
- Who
- The Finance Ministry (Central Board of Direct Taxes)
- What
- Retained the existing tolerance band for determining the arm's length price (ALP) under the transfer pricing framework.
- When
- For assessment year 2025-26 (notification published on November 9, 2025)
- Where
- India
- Why
- To ensure policy stability, ease compliance for companies, prevent artificial shifting of profits, and ensure fair taxation across jurisdictions.
Businesses Benefit from Stable Policy
Potential for Future Framework Changes
Impact of Retained Tolerance Band
Businesses Benefit from Stable Policy
The retention of the existing tolerance band ensures policy stability, simplifies compliance, and provides clarity for businesses involved in cross-border and domestic transactions. It streamlines annual documentation and reporting as benchmarks and pricing policies do not require frequent updates.
Potential for Future Framework Changes
Experts suggest that this may be the final notification under the current transfer pricing framework, as proposed new legislation could introduce changes in methodology that might render such annual notifications unnecessary in the future.
- Tolerance Range (Wholesale Traders)
- 1%
- Tolerance Range (Other Taxpayers)
- 3%
- Definition of Wholesale Trading
- Purchase cost of finished goods >= 80% of total cost, AND average monthly closing inventory <= 10% of related sales.
- Governing Law
- Section 92C of the Income Tax Act, 1961
- Issuing Authority
- Central Board of Direct Taxes (CBDT)
- Assessment Year
- 2025-26
- Notification Publication Date
- November 9, 2025