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.
Sameer leads a team dedicated to continuous growth and delivering a portfolio of services to leading insurance companies around the world. Sameer brings to this role particular expertise in the insurance industry, operations excellence, data analytics, and digital transformation. Sameer is also a certified Six Sigma Black Belt.
Sameer has been in leadership roles of increasing responsibility at Genpact for 15 years and was instrumental in setting up the insurance business at Genpact. His holistic approach to serving clients, and his expert grasp of digital technologies and deep domain expertise, have helped him lead large, successful engagements over the years.
Prior to Genpact, Sameer worked for seven years in the insurance business at General Electric, earning a Master Black Belt designation and serving as an operations leader in GE’s insurance vertical focused on claims and underwriting operations.
Sameer earned dual masters’ degrees in management and economics from the Birla Institute of Technology and Science in Pilani, India.
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Jack Reagan is a managing director at UHY Advisors and a member of the firm’s national management committee that oversees the national audit and assurance practice. He has over 30 years of experience serving state and local governments, local school districts, federal government entities, and not for profit organizations as both an auditor and consultant. He has served many of the largest state and local government entities throughout the country, including New York City, Boston, San Jose, Nashville and Washington, D.C., as well as the states of New York, Texas, New Jersey, Delaware and California and Fairfax County (Virginia), Loudoun County (Virginia) and Montgomery County (Maryland). Reagan has also successfully assisted numerous localities in obtaining and maintaining their GFOA and ASB Certificates of Excellence in Financial Reporting. He graduated from the University of Richmond with a BSBA in accounting.
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.
