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.
Sandee Perfetto is senior personal lines coverage director for Verisk’s Underwriting Solutions. Perfetto leads a team of personal lines and farm insurance professionals in using customer feedback, market knowledge, and business intelligence to drive the creation of new coverage products, and to maintain and enhance Underwriting Solutions existing programs. Over the years, Perfetto has helped develop a number of new personal lines products, and currently leads the personal lines development of insurance solutions for the sharing economy, millennials, autonomous vehicles, cyber and cannabis. Perfetto began her career at Verisk in the personal lines division. She graduated with a bachelor of science degree in insurance and finance from the University of Hartford and earned a master of science degree in education from Queens College. Sandee can be reached at Sandee.Perfetto@verisk.com.
John McDonough is Head of US Wealth Management Intermediaries Distribution at Invesco. He was previously the head of OppenheimerFunds’ Distribution and Marketing Teams, including Digital Distribution and Innovation.
Matt is the Chief Operating Officer for Duck Creek Technologies. He brings more than 25 years of the insurance industry and technology experience to this global leadership role that is responsible for successful customer outcomes.
As COO, Matt is responsible for all of Duck Creek’s field operations, which encompasses the global customer experience through a full spectrum of customer account management activities. This experience ranges from customer expectation management, solution architecture & project proposals, implementation projects, SaaS provisioning, go-lives, and production servicing & support.
In previous executive roles, Matt was responsible for all day-to-day company operations, all new business development, and M&A activity that included Accenture’s acquisition of Duck Creek Technologies in 2011 and the joint-venture between Apax Partners and Accenture that resulted in the emergence of Duck Creek Technologies as an independent company in 2016.
Matt has deep roots in technology and is passionate about bringing innovative capabilities to the insurance market. In the formative years of the company’s technology solutions, Matt was chief technology officer for the Accenture P&C software group with responsibility for overall technology, architecture, and software blueprints for all P&C software products and a principal contributor to the original Claim Components software, now Duck Creek Claims.
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.
