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.
Ron possesses over three decades of experience in the global financial services and technology industries. He currently serves as Chairman and Chief Executive Officer of the Wall Street Blockchain Alliance, the world's leading non-profit trade association promoting the comprehensive adoption of blockchain technology and cryptoassets across global markets.
Prior to this, Ron served as Chief Executive Officer of DerivaTrust Technologies, a pioneering software and technology firm for financial market participants.
Ron is the editor and contributing author of the book "Blockchain in Financial Markets and Beyond: Challenges and Applications", published Risk Books, as well as contributing author to "Blockchain & Cryptocurrency Regulation 2019-2022", published annually by Global Legal Insights. He was named to the Top 100 Most Influential People in the Accounting Industry by Accounting Today in 2018 and is the Lead Author for the ISACA Blockchain Framework as well as a member of the ISACA Emerging Technology Advisory Group.
He is a frequent guest of major media outlets, including Bloomberg Radio, and is a sought-after speaker and writer regarding financial technology and innovation. Ron also serves as an advisor to multiple startups and corporations focused on fintech innovation and blockchain technology.
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.
