The ATO has issued a Decision Impact Statement outlining its response to the transfer pricing case of Commissioner of Taxation v Glencore Investment.

The taxpayer won the case in the Full Federal Court and the High Court refused leave for the Commissioner to appeal the case.

The Full Court found the pricing mechanism and freight credits for the sale of copper concentrate between Cobar Management Pty Ltd and its ultimate Swiss holding company Glencore International AG were in the acceptable range for Division 13 and Subdivision 815-A purposes.