Amendment has institutionalised the transfer pricing relevance

The transfer is to be at market value based on the profit expectations of the parties
at the time of transfer. There is a rebuttable presumption that – in cases of
uncertainty – independent third parties would have agreed on a retrospective
adjustment to actual, should their expectations later turn out to have been
misplaced.

At all events, the taxpayer is required to identify the intangibles
attaching to the function.