In a pandemic environment, longstanding transfer pricing policies can lead to suboptimal tax results. Multinationals that incur losses in some locations while earning generous profits in others could be overpaying taxes. For many companies, modifications to intercompany pricing that reduce taxes payable and utilize losses are overlooked tax savings opportunities.
A multinational company's transfer prices of goods, royalties, services and loans affect where profits are generated, or the losses incurred in each country. For companies impacted by COVID-19, an assessment of estimated taxes payable and losses by country can highlight tax savings opportunities.
Amy Carlisle is president of MSI, an independent managing general agency (MGA) in the United States.
Deborah "Deb" Dioguardi is Executive Vice President and Professional Lines National Practice Leader at Jencap, where she drives the growth and strategic direction of the firm's management liability, professional liability, and cyber liability practice. A highly respected wholesale broker, industry leader, and recognized thought leader, Deb has dedicated her entire 25+ year career to Jencap, building a reputation as one of the foremost experts in professional lines insurance. Her contributions to the industry have earned national recognition, including the 2023 ACORD Women's Insurance Advancement Award and a place on Insurance Business America's 2025 Hot 100 list. Deb holds a bachelor's degree from the New York Institute of Technology and currently serves on the Board of Directors for the Insurance Brokers Association of New York (IBANY).
Kelly Grace, director, advisory – ECS – motor fuels and excise tax at Weaver, has more than 14 years of experience in professional accounting with a focus on complex fuel excise and sales and use tax matters, with experience building, testing, and implementing tax logic for Avalara, IGen, Sabrix, SAP and Right Angle. She is well-versed in planning and directing federal and state motor fuel and sales tax audits. She manages co-sourcing tax compliance projects for companies in all 50 states and researches and advises clients (refineries, fuel terminals, pipeline operators, retail stations, end users) on new and updated state and federal tax laws affecting clients' businesses. She is a CPA in Pennsylvania, a member of the Pennsylvania Institute of CPAs, the Pennsylvania Bar and the Federation of Tax Administrations, Motor Fuel Sections. She earned her bachelor of science in accounting and economics from the University of Delaware and her Juris Doctorate from the Temple University Beasley School of Law.
For many cross-border businesses, well-established policies have facilitated the pricing of intercompany goods, royalties, and services transactions over many years. However, even the most robust transfer pricing policies were not designed for pandemic-driven closures. As a result, multinational companies have a high global effective tax rate even when incurring company-wide losses. Paying unnecessary income tax bills is particularly painful for those companies already short on cash.
Tangible tax savings
An example may best illustrate the potential for savings from revisiting transfer pricing policies in the wake of the pandemic. In this situation, a wholly owned manufacturer relies on a sizeable cost-plus margin policy when selling inventory to the parent company.
For a subsidiary in a 30 percent tax rate jurisdiction, a $2 million reduction in transfer prices leads to $600,000 in tax savings by utilizing tax-inefficient parent company losses. Corrections to royalty rates and service fees have similar impacts. The result is the same: utilizing tax net operating losses in Country A while reducing Country B’s taxes. That being said, there does need to be economic substance to justify these changes.
Implementing tax savings
Utilizing tax NOLs in Country A while paying fewer income taxes in Country B is, at first glance, a straightforward concept. However, implementing corrections to transfer pricing often requires some planning. In my experience, senior management on both sides of the border needs to be involved in the decision-making process. Other issues, such as adjustments to Customs entries, are additional complications. Transfer pricing documentation is often well-advised support for changes to transfer prices.
Tax auditors may have questions about why transfer prices have changed. COVID-19 has transformed the global business environment, but preparing support to quantify the pandemic's impact on a company is advisable. Furthermore, making modifications before year-end is less complicated than afterward.
Now more than ever, multinational companies should consider modifications to transfer prices when assessing their global effective tax rate; however, changes to cross-border taxes need to be explained. While there are some complications, cash and tax savings can be well worth the effort.
