Glencore: transfer-pricing dispute and appeals

[2019] FCA 1432; [2020] FCAFC 187 · Court / tribunal finding

A multinational corporate group disputed transfer-pricing assessments, followed by a largely unsuccessful Commissioner’s appeal.

Finding

The ATO’s decision impact statement records an outcome mostly unfavourable to the Commissioner. First-instance reasons identify three counsel for the agency and AGS as solicitor.

Qualifications and outcome

A complex transfer-pricing test can serve a wider tax-system purpose. An agency loss does not prove a frivolous case or misconduct. The first-instance text is a reproduction; subsequent appellate qualifications must be read with it.

Agency response

The agency published a decision impact statement following the appeal and refusal of special leave.

Affected party

Glencore Investment Pty Ltd · Large corporate

A corporate member of the multinational Glencore group. Classification follows the described group context; no tax-specific turnover threshold is asserted.

Estimated case cost — scenario only

AUD 128,300–422,200; 2 unpriced categories. Actual expenditure unknown.

Mixed comparison basis: legal work at a 2023 NSW ordered-cost benchmark; internal work at an explicitly assumed loaded hourly cost. No historical inflation adjustment. Actual hours, panel discounts and internal staff grades remain unknown.

Sources