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.
Joanna Strober is founder and CEO of Midi Health.
Olga Collins was appointed CEO of Worldwide Broker Network (WBN) in April 2021 after becoming their youngest ever board member when she joined in 2019. Under her leadership, WBN has grown to become the largest independent broker network in the world, with 150 members across 100 countries and a combined revenue of $14 billion. Olga has worked in global business for 25 years, is a member of the prestigious invitation-only C-Suite female network 'Chief' and recipient of multiple industry awards.
Nick Tye is the founder and CEO of Carbon Underwriting. His leadership approach fosters a culture of collaboration and innovation, developing an environment where creativity thrives. Laser focused on merging technology and expertise to drive results, Nick's role at Carbon is the culmination of over two decades in insurance, marked by leveraging his actuarial background and commercial acumen to enhance every facet of the underwriting process. Nick's reputation as a market leader stems from his ability to manage the underwriting of highly profitable international portfolios, even in challenging territories. His holistic understanding of the industry's distribution chain ensures consistently above-average profitability. Beyond technical prowess, Nick's journey from actuarial science to CEO exemplifies the evolution of underwriting in our industry. His visionary leadership, coupled with a relentless pursuit of innovation, positions him as a transformative force in shaping the industry's future.
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.
