information about the filer and the certification by the filer of what is being included
in the form.
The Notification Form delineates eight specific items as follows:
1.The person filing the Form
2.Parties and the transaction
3.Specific issues affecting the transaction
4.Specific items relied on and filed
5.Detailed information reflecting the North American Industry Classification Sys-
tem—United States, 1997
6.Shareholders, holdings, and entities
7.Dollar revenues and geographic market information
8.Prior acquisitionsAs we shall see, all eight items in the Notification Form have transfer pricing im-
plications, but the fourth and fifth items in particular are specifically relevant to Sec-
tion 482 transfer pricing. The Notification Form can apply to domestic–foreign merg-
ers, to foreign–domestic mergers, to domestic–domestic mergers, and, in limited
circumstances, to foreign–foreign mergers. As a result, the Notification Form is
broader than the scope of both Form 5471 and Form 5472 together. Section 482
transfer pricing can encompass domestic–foreign mergers, foreign–domestic merg-
ers, domestic–domestic mergers, and foreign–foreign mergers.
(i) Person Filing the Form. Item 1 in the Notification Form seeks the headquarters
address of the party filing the Form, which can be an acquiring person or an acquired
person. The Form can be filed on behalf of a foreign person pursuant to 16 C.F.R.
803.4, or filed on behalf of the ultimate parent entity pursuant to 16 C.F.R. 803.2(a).
Item 1(h) designates an individual located in the United States for the limited pur-
pose of receiving issuance of a request for additional information or documents. Sec-
tion 1.6038A(e)(1) and Treas. Reg. Section 1.6038A-5(b)(1) require the reporting
corporation to specify an agent in the United States for tax purposes. Both the
FTC–DOJ provision and the Treasury provision provide analogous responsibilities to
the U.S. counterpoint, but the specific party may be different.
(ii) Parties and the Transaction. Item 2(a) requests the filer to provide ultimate par-
ent entities of all acquiring persons and the ultimate parent entities of all acquired
persons. The IRS can use this information as a starting point to ascertain related party
relationships for section 482 transfer pricing. Item 2(b) addresses the type of trans-
action contemplated or undertaken, but the Form permits the preparer to select more
than one box.
Item 2(c) specifies the notification threshold, the size of the transaction, as being
$50 million, $100 million, or $500 million. Item 2(d) addresses value of the voting
securities, the percentage being acquired, the value of the assets to be held as a result
of the acquisition, and the total value of the assets. Item 2(e) addresses the identifi-
cation of the party making the fair market valuation.
(iii) Specific Items Affecting the Transaction. Item 3(a) requires the preparer to de-
scribe the acquisition. The instructions specify that the preparer must include the
29.21 TRANSFER PRICING INFORMATION DOCUMENT REQUEST 29 • 35