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.
Maxwell Blumenfeld is co-founder and chief operating officer of SentiLink.
Marcia Griffin is founder and president of HomeFree-USA, a leading homeownership organization with 68 results-oriented culturally and ethnically diverse nonprofit partners nationwide. Through 2014, HomeFree has helped over 87,000 homeowners to cure their defaults. They have offices in Washington, DC, throughout Maryland, Atlanta, and South Florida.
Jennifer Coombs is an associate professor at the College for Financial Planning —a Kaplan Company located in Denver. She is the creator, lead author, and lead instructor for the Chartered SRI Counselor™ (CSRIC™) designation program developed in partnership with US SIF as the first professional financial education program for financial advisors in the United States exclusively devoted to sustainable investing.
Prior to joining the College, Jennifer worked in New York City for several Wall Street firms in such varied roles as technical and fundamental analysis, equity research, trading and portfolio management. Jennifer has given two TED talks on the topic of sustainable and responsible investing: “Investing for a Better World: Using Wall Street to Implement Social Change” (November 2015 at TEDx Jersey City), and “Stopping the Rebuttal: Millennial Investors and the Future of Sustainability” (April 2018 at TEDx Clarkson University). She has also given presentations at and interviews on “Dollars & Change” Wharton Business School Radio on Sirius XM, Bank of America/Merrill Lynch Wealth Management, The Society of Financial Services Professionals (FSP), The CFA Society of New York, US SIF Annual Conference, The SRI Conference, and Advisor Group.
Jennifer holds a Master of Science in Finance and is a member of the ESG Advisory Board at Investment News and serves on the education committee of US SIF. She resides in her home state of Vermont.
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.
