Arm's-length benchmarking of business-support and...

Arm's-length benchmarking of business-support and general-management services rendered to an associated enterprise must focus on the specific controlled transaction and the functions performed, assets employed and risks assumed. TNMM does not remove the requirement for functional comparability; hospital or healthcare entities cannot be selected merely because the taxpayer operates fertility clinics without demonstrating similarity to the services benchmarked. Inadequate examination or production of the agreement, invoices and contemporaneous evidence concerning actual service rendition required fresh determination. The transfer-pricing adjustment was set aside and remitted for arm's-length price determination after FAR analysis and selection of functionally comparable entities.