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.
John Bovenzi, a former long-time Federal Deposit Insurance Corp. official, is co-host of "Banking Bad," a podcast focused on past financial crises, the lessons learned, and how they may or may not apply in today's world.
Grayson Milbourne is the Security Intelligence Director at OpenText Cybersecurity, a division of OpenText. Grayson's nearly two decades of security intelligence expertise include malware analysis, data science, and security education. In his current role, Grayson is focused on efficacy development to ensure the company's security management products (which include the Webroot portfolio) are able to defend against the most cutting-edge threats.
Grayson is a longtime advocate for better 3rd party testing of security products and represents OpenText Cybersecurity at the Anti-Malware Testing and Standards organization, AMTSO. Through his efforts, AMTSO released testing standards that greatly improved testing quality when followed. Grayson is an avid participant in the security community and drives awareness of current threats by speaking at major events such as RSAC and Virus Bulletin. He is a frequent guest on local NBC affiliates and several cybersecurity podcasts. Beyond his passion for protecting people from cyberthreats, Grayson loves aviation and holds a private pilot license. His other passions include strategic boards games, skiing and playing golf. He lives in Louisville, Colorado with his wife, Danielle and their two cats, Theodore and Aiden.
Merrilee Matchett is the head of Global Customer Service & Operations and a member of the Strategic Advisory Group for MetLife. In this role, she directs a team of more than 10,000 associates responsible for managing the operations and servicing teams that support and enable the U.S. Group Benefits, Retirement & Income Solutions, MetLife Holdings, and Asia, EMEA and LATAM businesses across more than 40 global markets. She is also the Chairperson of MetLife Europe, and MetLife Europe Insurance.
Matchett joined MetLife in 2021 from Bank of America, where she was responsible for service and operations for global wealth management, private banking, and institutional and personal retirement businesses supporting more than $3 trillion in client balances. She was also the Chairperson of Financial Data Services, LLC, responsible for the end-to-end operational support of domestic and offshore mutual funds.
Matchett has been an advocate for diversity and women in financial services throughout her 30-year career and has been recognized with numerous market awards for outstanding service and operations performance. She is a member of the MetLife enterprise Diversity, Equity & Inclusion Council, and represents MetLife on the board of INROADS, helping to provide career pathways for talented diverse youth across the United States.
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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.
