Emerging from the OECD/G20 BEPS Project, a new, somewhat fuzzy notion of Value Creation came to permeate not only Transfer Pricing language but also wider allocation rules and anti-abuse provisions in international tax law. The notion of ‘Value Creation’ reframes the interpretation and application of the Arm’s Length Principle (ALP) that is embedded in Articles 7 and 9 of the OECD Model Convention. This new Value Creation notion and approach assist in understanding key enterprise functions while different industry sectors manifest these concepts in various ways.Situating such notions and this approach within the law of tax treaties and analyzing terms of the OECD Transfer Pricing Guidelines alongside their factual context is the aim of this book. Here, law students address Transfer Pricing and Value Creation in sectors as varied as commodities trade, automotive, consumer products, food and beverages, pharmaceutical and life sciences, telecommunications, and the key topic of value creation in a digitalized economy. Our LL.M. students were required to address issues not explored in legal research and to discuss factual topics relevant for Transfer Pricing. All students focused on topics that are new to the international tax debate that keep evolving and on factual matters that often escape legal research.

Emerging from the OECD/G20 BEPS Project, a new, somewhat fuzzy notion of Value Creation came to permeate not only Transfer Pricing language but also wider allocation rules and anti-abuse provisions in international tax law. The notion of ‘Value Creation’ reframes the interpretation and application of the Arm’s Length Principle (ALP) that is embedded in Articles 7 and 9 of the OECD Model Convention. This new Value Creation notion and approach assist in understanding key enterprise functions while different industry sectors manifest these concepts in various ways.Situating such notions and this approach within the law of tax treaties and analyzing terms of the OECD Transfer Pricing Guidelines alongside their factual context is the aim of this book. Here, law students address Transfer Pricing and Value Creation in sectors as varied as commodities trade, automotive, consumer products, food and beverages, pharmaceutical and life sciences, telecommunications, and the key topic of value creation in a digitalized economy. Our LL.M. students were required to address issues not explored in legal research and to discuss factual topics relevant for Transfer Pricing. All students focused on topics that are new to the international tax debate that keep evolving and on factual matters that often escape legal research.

INTRODUCTION The current competitive environment is influenced by the dynamics of the innovative or technological environment, as well as personalized demands by customers. This puts increasing emphasis on improving the quality in process management and optimization. Strategic management creates the necessary background for successful implementation of process management. Strategic management creates conditions for achieving the target behavior of the company as a whole, thus supporting a holistic approach within the management of the company. Through strategic management tools used in business practice, such as the Balanced Scorecard, it is possible to implement a particular strategy via the structure of balanced performance indicators used for managing and evaluating process performance. The very implementation of goals, objectives and projects brought to a successful end and, last but not least, the achievement of desired results are among the basic factors helping a company stand out from competitors nowadays. It is therefore essential that businesses constantly improve their processes. Many companies are currently choosing the path of gradual process improvement, the so-called Kaizen. Such choice is conditioned by regular analysis of the existing processes as well as measurement and optimization of their performance. Industry 4.0 is a clear trend towards a new kind of business processes and e-commerce: • Decentralized processes with greater decision-making autonomy. • Electronic trading at every point being an activator of transactions. • Real-time control of timeless organizational processes. • Improving the performance and quality of logistics organizational processes integrated into the environment. Business Process Management (BPM) is a systematic approach to identifying, mapping, documenting, designing, implementing, measuring and controlling business processes. It includes growing IT support aiming to improve, innovate and manage processes thoroughly, determine business results and create value for the customer, thus achieving business goals with greater flexibility. The moment this new industrial revolution digitizes all logistics, purchasing and sales processes, e-commerce will account for more than 90% of global business transactions. In other words, business processes and e-commerce can no longer be managed in isolation, and each service will include digitized processes integrated into the entire network of stakeholders (participants) in the business. The aim of the monograph is to introduce readers to the issues of strategic and process management, to clarify the concepts related to the topic, as well as procedures in the analysis, modeling, optimization, implementation and performance measurement of production and non-production process environments.