# Somalia related-party pricing working paper v0.1

> **General reference only.** This skill is general tax/accounting reference material for AI-assisted workflows. It has not been reviewed for any specific person's facts, documents, elections, deadlines, residency, filing status, or local procedures. Do not rely on it to file, pay, amend, or take a tax position without review by a qualified professional in the relevant jurisdiction.

## Who this applies to

**Statutory-baseline draft for 2026 preparation, not confirmed operative 2026 coverage.** The enacted Act and Income Tax Regulation 0142-2025 (the ministry's file name says 0141; the decree and cover page say 0142) were read. Regulation 37-1 is the only regulation on article 37. It sets no exception or alternative standard. Regulation 106-1 lets the Minister postpone parts by public notice, and circulars can update it; those notices and circulars were not searched. Article 105(7) permits measures that delay or modify provisions. Prepare the working paper below, then stop before treating it as a final tax position until those notices and the relevant period have been checked. [Act 37 arts. 37(3), 105(7), PDF pages 57 and 125](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf); [Regulations 37-1, 106-1, PDF pages 16-17 and 38](https://mof.gov.so/sites/default/files/Publications/Income%20Tax%20Regulation_%200141%2C%202025.pdf).

The statutory job concerns a **Somali resident person transacting with an associated non-resident person**. Article 37(1) requires the resident to compute income and tax using the arm's-length standard; article 37(2) refers to the amounts independent persons would calculate, characterise and allocate. Do not silently extend that specific rule to every domestic transaction, or treat a foreign address as proof of non-residence. Use the [residence working paper](so-cross-border-residence.md) for the separate article 77 screen. [Act 37 art.37(1)–(2), PDF pages 56–57](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).

This is a working-paper job for ordinary goods/service transactions where the independent-party amount is supported. It does not choose an OECD method for the client, prescribe a markup, approve a loan/royalty structure or prepare a local file, master file, CbCR or APA application.

## Rates, bands and thresholds

| Question | Statutory baseline and condition | Official source |
|---|---|---|
| Person/entity association | Control **or 50% or more** of income, capital or voting rights; alone or together with associated persons, directly or indirectly; also association with such a qualifying controller/holder | [Act 37 art.4(2), PDF page 25](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf) |
| Other association grounds | Relatives/dependants, partners in the same partnership and specified instruction/control relationships, excluding a mere employment relationship from the latter limb | [Act 37 art.4(1), PDF page 25](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf) |
| Pricing standard | For the resident/associated non-resident transaction, calculate and allocate as independent persons would | [Act 37 art.37(1)–(2), PDF pages 56–57](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf) |
| Exceptions and guidance | Regulations determine exceptions/alternative standards and international guidance. Regulation 37-1 construes the standard consistently with the OECD Transfer Pricing Guidelines published 20 January 2022, as updated by any ministry circular; it states no exception | [Act 37 art.37(3), PDF page 57](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf); [Regulation 37-1, PDF pages 16-17](https://mof.gov.so/sites/default/files/Publications/Income%20Tax%20Regulation_%200141%2C%202025.pdf) |
| Dependant amount | USD 250 per year is the amount specified for article 4(5), relevant to the dependant association ground | [Regulation 4-1, PDF page 4](https://mof.gov.so/sites/default/files/Publications/Income%20Tax%20Regulation_%200141%2C%202025.pdf) |
| Adjustment authority | Noncompliance permits correction, recharacterisation of transactions/source/nature and expense allocation by turnover | [Act 37 art.37(4), PDF page 57](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf) |

No tax rate, safe-harbour percentage, transaction-value threshold or documentation exemption is supplied by this draft. The 50% figure is an association test, not a tax rate or the only route to association.

## The base

Prepare these internal working papers. The labels are recommendations for organising evidence, not mandatory form fields or a statutory documentation checklist.

1. **Confirm period and the regulatory gate.** Identify the assessment year and any special accounting period, relevant transitional instrument and pricing exception before finalising applicability. Article 105 preserves earlier-period rules and permits additional transitional measures; this draft does not settle 2025 commencement or mixed old/new periods. [Act 37 arts.25,105–106, PDF pages 48,124–125](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).
2. **Map the people and rights.** Record the legal entities, all relevant ownership chains, income/capital/voting rights, control arrangements, related holders and residency evidence. Test each article 4 limb. Below 50% is not an exemption when control, aggregation or another association ground applies. Record why the counterparty is associated and non-resident. [Arts.4,37(1)](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).
3. **Describe the actual transaction.** Reconcile contracts, invoices, delivery/service evidence, payment terms, currencies and accounting entries. Explain the goods/services supplied and differences from the proposed independent comparison. Do not assume a group invoice proves that a service occurred.
4. **Support the independent-party amount.** Retain the actual independent transaction/quotation and its source, date, product/service, volume, market, functions, risk and payment-term facts. Explain comparability adjustments and why the remaining comparison answers the actual transaction. Construe the standard consistently with the OECD guidelines. The regulation names the guidelines, not one method, so record why the chosen method fits. If no defensible comparison is available, stop before asserting an arm's-length price. [Art.37(2)–(3)](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf); [Regulation 37-1](https://mof.gov.so/sites/default/files/Publications/Income%20Tax%20Regulation_%200141%2C%202025.pdf).
5. **Compute the reconciliation.** Show recorded revenue/cost, supported independent-party revenue/cost and difference. An underpriced sale raises the income figure when replaced by the supported higher amount; an overpriced purchase reduces the cost figure when replaced by the supported lower amount. Keep the computation separate from the tax-rate, deduction-limit and loss calculations. Do not automatically reverse the difference in another entity's return. [Art.37(1)–(2),(4)](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).
6. **Complete the review record.** Link each input to evidence; state the pricing conclusion, unresolved regulatory questions and which person must resolve them. A supported price does not itself establish deductibility, source, withholding or treaty treatment. Preserve the original and adjusted entries so an assessment can be traced to the books.

The Ministry's statutory adjustment power includes recharacterising the transaction and the source/nature of income, loss, amounts or payments, and allocating expenses based on turnover. It is broader than replacing an invoice's unit price. [Art.37(4)](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).

## Deadlines and filing

This job ends with a reviewed working paper, not submission. No TP declaration form, local/master-file obligation, language, retention period, response period, CbCR threshold or portal workflow was verified. Do not label the working paper a filed return or infer that no documentation duty exists because this draft has not sourced one.

Before a filing or audit-response job, obtain any postponement notice, circular, administration instructions and actual request/form; resolve the adjustment's return location and payment consequences. The 2026 Revenue Authority law assigns administration of existing federal revenue laws to the Authority and provides an institutional transfer. It does not, by itself, prove the current portal, service address or acknowledgement route. [Law 56 arts.23,26, PDF pages 19–21](https://sag.gov.so/media/documents/bulletins-contents/legislation/2026/Sharci_Lr_56_Hayadda_Dakhliga_Qaranka.pdf).

## Penalties and interest

The verified consequence here is the statutory power to adjust under article 37(4). No numeric TP penalty, interest rate, assessment limit or appeal deadline was read from the operative administration rules. Do not invent one or treat lack of a quoted penalty as immunity. Retain any dated notice and source the applicable procedural rule separately. [Act 37 art.37(4)](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).

## Cross-border points

The specific article 37(1) condition is a resident dealing with an associated non-resident. Establish residence rather than equating incorporation abroad with non-residence. Dual residence, treaty relief, PE attribution, corresponding adjustments and withholding require separate analysis; this draft grants no treaty or foreign-tax credit. [Arts.37(1),77](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf).

## Two worked examples that recompute

**Underpriced sale.** Assume the regulatory gate is resolved, the Somali seller is resident, its foreign parent is an associated non-resident, and a properly supported independent sale establishes a comparable price of USD 100 per unit for the actual terms. The seller recorded 1,000 units at USD 80. The revenue reconciliation is USD 80,000 toUSD 100,000, an increase of USD 20,000. The input price is fictional evidence assumed established, not a Somali safe harbour. No tax is computed.

```oa-check
name: Supported sales-price adjustment under statutory baseline
inputs:
  quantity: 1000
  recorded_unit_price: 80
  supported_unit_price: 100
steps:
  recorded_revenue: quantity * recorded_unit_price
  supported_revenue: quantity * supported_unit_price
  income_increase: supported_revenue - recorded_revenue
expected:
  recorded_revenue: 80000
  supported_revenue: 100000
  income_increase: 20000
```

**Association boundary and purchase direction.** Assume a non-resident holds 49% of the Somali buyer's voting rights and an associated holder holds another 1%; their aggregated 50% meets article 4(2). All other statutory and regulatory conditions are established. For 500 units, the buyer booked USD 120 each while the supported independent price is USD 100. Replacing the USD 60,000 recorded cost with USD 50,000 raises income by USD 10,000 before other tax rules. If only 49% were counted, the numerical threshold would not be met, but that would still require testing control and every other association limb. Do not apply the adjustment simply from the percentage without transaction evidence.

```oa-check
name: Aggregated association boundary and overpriced purchase
inputs:
  direct_voting_percent: 49
  associated_holder_percent: 1
  threshold_percent: 50
  quantity: 500
  recorded_unit_cost: 120
  supported_unit_cost: 100
steps:
  aggregated_percent: direct_voting_percent + associated_holder_percent
  threshold_margin: aggregated_percent - threshold_percent
  recorded_cost: quantity * recorded_unit_cost
  supported_cost: quantity * supported_unit_cost
  income_increase: recorded_cost - supported_cost
expected:
  aggregated_percent: 50
  threshold_margin: 0
  recorded_cost: 60000
  supported_cost: 50000
  income_increase: 10000
```

The checker verifies arithmetic. It does not prove association, comparability, regulatory applicability or the tax effect.

## Ask the client first

- Which assessment period, transactions and entities are under review, and is there an audit notice?
- What supports each party's residence, ownership, voting/income/capital rights, control and related-holder links?
- What contracts, delivery/service evidence, invoices and ledger entries establish the actual transaction?
- Which independent evidence supports price and terms, and what differences require adjustment?
- Which postponement notice, circular and filing instructions have been obtained?

## Sources

| Official source | Provisions actually read | Read on |
|---|---|---|
| [Attorney General gazette, Act 37/2025](https://sag.gov.so/media/documents/bulletins-contents/legislation/2025/Sharciyeedka_Canshuurta_Dakhliga.pdf) | Downloaded 135-page Somali PDF. Signed enactment page 2; arts.1–4,25,37–38,77–78,104–106; cited clauses checked against rendered scans, including PDF 25 and 56–57. Full private OCR used as a locator, not an English translation. | 2026-11-01 |
| [Income Tax Regulation 0142-2025, Ministry of Finance](https://mof.gov.so/sites/default/files/Publications/Income%20Tax%20Regulation_%200141%2C%202025.pdf) | English, 39 pages, decree MOF/OM/0142/2025 of 15 May 2025. Regulations 3-1, 4-1, 37-1, 105-1 to 105-10, 106-1 and 107-1 read; all headings screened for articles 37, 77 and 78. | 2026-11-01 |
| [Ministry English Income Tax Manual, November 2025](https://mof.gov.so/sites/default/files/Publications/Somalia%20Income%20Tax%20Manual_English%20Version.pdf) | Actually opened through current publication page/Download; contents, introduction, residence section VI, and remaining narrative sections screened for TP/transition clarification. No arm's-length exception or transitional-operation resolution found; its disclaimer defers to legislation. | 2026-11-01 |
| [Attorney General, Law 56/2026](https://sag.gov.so/media/documents/bulletins-contents/legislation/2026/Sharci_Lr_56_Hayadda_Dakhliga_Qaranka.pdf) | Signed enactment page 2; arts.22–27, PDF pages 19–21, on authority functions and institutional transition. | 2026-11-01 |

Not yet confirmed: any postponement notice or circular affecting 2026, including a later OECD reference; documentation/return/retention duties, methods and safe harbours; actual portal/form/response process; tax-rate/deduction/withholding consequences; treaty/PE/corresponding-adjustment relief; numeric sanctions and procedural time limits. This is a statutory-baseline draft, not accepted current-year coverage. Independent source review accepted the statutory baseline only; no accountant attestation.