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.
Steve Prymas has over twenty years of Professional Liability experience. He was previously the Vice President, Specialty Lines Manager and Global Chief Underwriting Officer of Cyber for Gen Re where he was charged with setting strategy and growing specialty lines across Treaty and Facultative reinsurance. While at The Hartford, Steve was responsible for strategic direction, underwriting staff, and P&L of The Hartford’s management & professional liability business. His experience also includes the introduction of predictive modeling, objective risk tiering, third party data proxies, online quoting and automated cross-selling. He also chaired The Hartford's enterprise-wide Cyber Working Group.
In addition to his roles at HFP and Gen Re, Steve has spoken at and chaired several PLUS and Advisen events.
Steve’s passion for insurance started at the early age of 13 when he made change for homeowners’ payments at the petty cash register of a local insurance agency.
Steve is a graduate of Hamilton College and member of the Professional Liability Underwriting Society.
Joel is Senior Director, P&C Demand for MediaAlpha, the leading customer acquisition platform in the insurance industry. In this role, Joel leads the client-facing team that works with P&C advertisers to profitably acquire customers at scale, ensuring campaigns are highly efficient and meet client objectives.
Prior to joining MediaAlpha, Joel spent six years with Liberty Mutual, most recently as Senior Director, Marketing. Joel holds an MBA and an MS in Information Systems from Boston University.
John Mackowiak is chief business development officer at Advyzon, a cloud-based platform that combines portfolio management, customizable performance reporting, trading and rebalancing, client web portals, client relationship management (CRM), client billing, and document storage.
John leads the sales and service effort and contributes to development of the Advyzon platform. Prior to working at Advyzon, he spent 12 years at Morningstar, most recently as product manager for Morningstar Office.
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.
