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.
Ravi Govindaraju is head of Connected Banking at Chase.
Craig Kurtzweil is the chief data and analytics officer at UnitedHealthcare Employer & Individual. In this role, he is responsible for leveraging healthcare's largest data set to help enable informed health care decisions, ensuring consistency across internal and external reporting, exploring new ways to apply data through machine learning and artificial intelligence, and making data a competitive differentiator for UnitedHealthcare in the marketplace. He is known for his leadership in delivering compelling insight based on data and analytics in a narrative that supports the vision of helping people live healthier lives and making the health care system work better for everyone.
Craig joined the organization in 2005 to begin building a team of strategic customer analytics specialists. Since then, he has been focusing on enhancing the role that analytics plays in the ability to support National Accounts customers. Craig formed the Center for Advanced Analytics to focus on analytic innovations that change the way we evaluate health care value. His teams also focus on the largest and most complex clients that require a deeper and broader view of data, ranging from cost and utilization data to productivity and disability exposure. He is constantly working on the next generation of health care analytics.
Prior to joining UnitedHealthcare, Craig served as an actuarial consultant at Deloitte. Craig graduated University of Minnesota with a Bachelor of Science in actuarial science. He lives in Minnesota with his wife, son and daughter.
Patty Starr is president and CEO of Health Action Council and is responsible for driving the strategic direction of the organization--build stronger, healthier communities where business can thrive. Since joining the Health Action Council staff in 2013, she has transformed the organization yielding broad national expansion and seven consecutive years of growth.
Patty is a member of the Advisory Board at the Heritage College of Osteopathic Medicine and the Board of Directors for Health Policy Institute of Ohio (HPIO). She has also served on the Board of Directors for the Better Health Partnership, Ohio Patient-Centered Primary Care Collaborative and Health Action Council before becoming executive director in 2013. In 2022, she was named a Woman of Influence by Cleveland Business Journal, and in 2018, she was named among Notable Women in Healthcare by Crain's Cleveland Business.
Prior to Health Action Council, she was the senior director of health insurance and benefits at the Council of Smaller Enterprises (COSE) and president and founder of The Ark Individual Insurance Brokerage.
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.
