GCC TRANSFER PRICING TIGHTENS IN 2026 AS ENFORCEMENT MATURES

Dhruva, a tax advisory firm with deep expertise across the Middle East, and global markets, stated that the Gulf Cooperation Council (GCC) is at a clear inflection point in its fiscal evolution. Transfer pricing is moving beyond first-wave rulemaking into an enforcement-led environment where it is increasingly treated as a core element of corporate governance.

Drawing on the UAE Year in Review 2025 report recently launched by Dhruva, the region is moving past inaugural filing seasons and confronting the limits of reactive, post-facto compliance. “The past year has been transformative, representing not merely technical adjustments but a strategic recalibration of the region’s economic architecture,” said Nimish Goel, Leader, Middle East at Dhruva. In this environment, the behavioral reality of a business must align with its legal documentation, as tax authorities raise expectations around demonstrable economic substance.

A central theme in this scrutiny is Key Management Personnel (KMP). Where decision-making occurs, who exercises control, and how governance is evidenced are becoming determinative factors in how profits are attributed and defended. Inconsistencies across HR contracts, organization charts, board minutes, operational reality, and transfer pricing files are increasingly treated as a credibility gap, not a documentation error.

This recalibration is being accelerated by a shift in audit approach. Tax authorities across the GCC are moving from form-based reviews to more sophisticated, data-led scrutiny. Kapil Bhatnagar, Partner at Dhruva, stated that, “A key focus is the ‘invisible backbone’ of many regional groups, common-control and related-party transactions that sit at the heart of multilayered conglomerate structures. Informal arrangements historically treated as low-risk are increasingly being evaluated through an arm’s length lens, including interest-free shareholder loans, uncharged centralized services, legacy intercompany balances, and balance-sheet support. For forward-looking organisations, transfer pricing is no longer a compliance obligation but a strategic enabler.”

In parallel, the UAE has signaled stricter arm’s length expectations for Qualifying Free Zone Persons, with transfer pricing increasingly functioning as the mechanism through which substance is demonstrated under the Corporate Tax regime.

The stakes are further elevated by Pillar Two global minimum tax developments. Effective 2025, most GCC jurisdictions, including the UAE, Qatar, and Bahrain, either implemented or were in the final stages of implementing Domestic Minimum Top-up Taxes (DMTT). Under these rules, intercompany pricing can no longer be treated purely as a compliance variable, since it can materially influence a group’s effective tax rate and potential top-up exposure.

“In response, leading groups are shifting toward operational transfer pricing, embedding pricing policies into ERP workflows to improve year-round accuracy, data integrity, and audit readiness. This is increasingly relevant as audits begin to rely more heavily on data analytics, ERP trails, and transaction-level evidence, with deeper linkage expected between transfer pricing documentation, financial statements, tax returns, and support evidence,” added Kapil.

At the same time, demand is rising for certainty and dispute-prevention mechanisms, including Advance Pricing Agreements (APAs) and Mutual Agreement Procedures (MAPs), particularly for complex cross-border arrangements where predictability is commercially valuable. The UAE has already established a formal framework for clarifications and directives including APAs, confirmed unilateral APA applications from Q4 2025, and introduced a schedule of APA fees effective from January 1, 2026.

As the region moves into its next phase of maturity, Kapil concluded, “The message is clear, the era of fixing and filing is over. The era of governance, digitization, and transparency has begun.”