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.
Amber Setter is the chief enlightenment officer for Conscious Public Accountants, whose mission is to guide accountants back to their wholeness. She is a national expert on building coaching cultures within the accounting profession. Her professional experience includes serving as an internal and external coach, facilitating and coaching within leadership development experiences, and building a nationally recognized learning and development function. She holds a Masters in Leadership Studies from the University of San Diego and a Bachelors in Business Administration, Accounting from San Jose State University. She is a graduate of Accomplishment Coaching — an ICF accredited Coaches Training Program — and also completed their Advanced Leadership Program as a Mentor Coach. She is an inactive CPA and an ICF Professional Certified Coach, and was recognized by CalCPA as a Woman to Watch in the Experienced Leader Category.
Erik Carlson is chief financial officer and head of strategy at Notified, a technology partner for investor relations, public relations and marketing professionals. He brings over 10 years of M&A, strategic finance and business transformation experience across private equity portfolio companies in technology, media, pharmaceuticals and consumer products. Prior to Notified, he was senior vice president of M&A integration at Intrado and director of M&A and strategy advisory at PwC.
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.
