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.
Jonathan Mondillo, Head of Municipals, abrdn
Amar Patel is director of cost segregation at KBKG. Previously, he spent 15 years at a Big Four accounting firm and one year at Centiv LLC, focusing on various specialty tax products including cost recovery solutions and research and development tax credits. In the past 16 years of practice, he has specialized in cost segregation and large fixed asset depreciation reviews for purposes of identifying federal, state and property tax benefits.
Serhat Guven is Willis Towers Watson’s Insurance Consulting & Technology Global Leader for P&C Pricing, Product, Claims, and Underwriting propostion. He and his team are responsible for the delivery of consulting services and technology solutions that are uniquely designed to help insurers respond to significant industry trends; as well as provide carriers support in core areas that are fundamental for effective business management and profitability.
Prior to his current role, Serhat Guven was Willis Towers Watson’s Regional Line of Business Leader for the Americas. In this capacity he was responsible for go to market strategy and development of the full range of consulting services and software solutions to insurance companies. Before joining Willis Towers Watson, Serhat spent nine years in a variety of positions at United Services Automobile Association (USAA), where he was the technical expert on multivariate pricing, demand modeling, classification and tiering analysis, territorial ratemaking, and data management.
Serhat’s primary area of expertise is developing advanced analytics solutions for a wide variety of insurance applications.
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.
