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.
Jennifer King is Vice President – Customer Experience Service and Quality and Enterprise Project Management Office (EPMO) at Boston Mutual Life Insurance Company.
King oversees Customer Experience Service (which includes Reconciliation, Control & Reporting and Policy Holder Administration), Quality, Change Management, Implementation, and the EPMO areas in the company's Customer Experience, Innovation, Projects and Technology Strategic Business Center. She is responsible for the teams that facilitate the policyholder customer journey, and supports the strategic alignment of the EPMO with the voice of the customers and the company's needs. As leader of the EPMO, Policy Holder Administration, and Quality Center teams, she aligns project and operations resources to optimize customer and employee experience. Ms. King also serves as the Business Sponsor for BML Forward, the new policy administration system in development at Boston Mutual Life.
Ms. King joined Boston Mutual Life in 2020 as Director – Strategic Project Management Office. She was appointed to lead the new Policyholder Administration and Quality Center teams in 2022 after being promoted to Vice President – EPMO in 2021, which were renamed under the banner of Customer Experience and Quality in early 2023.
Prior to joining Boston Mutual Life, Ms. King holds 20 years of experience in project and program management within the financial services industry. Previously, she served as Finance & Risk Infrastructure & Business Solutions (FRIBS) Program Manager, Corporate Finance Vice President at State Street Bank, and held several positions during her tenure at the company from when she joined in 2007. Prior to State Street Bank, she worked at Investors Bank and Trust, where she began her career in 1996.
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.
