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.
Nathan Place is a national reporter at American Banker. A native of New York City, he has worked for more than a decade in both print and video journalism. He got his start in Beijing, where he worked as a copy editor and reporter for China Daily. He then returned to New York, where he earned his master's degree from the CUNY Graduate School of Journalism. Since then he's worked as a reporter for the New York Daily News and The Independent, as well as a video producer for the Daily Mail, the Daily Beast and Men's Journal.
Victoria Zhuang is the professional development reporter at Financial Planning. She has a bachelor's degree in comparative literature from Harvard University and a master's degree in journalism from Columbia Journalism School. Before joining FP, she freelanced as an arts and culture writer while working in the Boston nonprofit world for several years. She also completed a Dow Jones News Fund business reporting internship at American Banker. Victoria covers how wealth management firms maintain their competitive edge and how financial advisors can achieve excellence serving clients of all wealth levels. She is a native of New York City.
Dan Shaw is Financial Planning's wirehouse and bank channel reporter, covering the intersection of wealth management, banking and brokerages. His reporting background in regulation and disciplinary matters informs his coverage of compliance, recruiting and strategic shifts across the wealth management industry.
His reporting on advisor movement and recruiting at large financial firms earned a Folio Eddie Award.
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- How headline EBITDA multiples are misleading RIA sellers
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- When everybody's a 'family office,' what's the term really mean?
Before joining Financial Planning, Dan served as managing editor of the Wisconsin Law Journal for seven years. He has also covered banking and local government in Indiana and spent two years on the business news desk at The China Daily in Beijing. His work has earned multiple awards from the Wisconsin Newspaper Association for business and legal reporting.
Based in Milwaukee, Dan is also a longtime banjo player in a bluegrass band that performs across the upper Midwest.
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.
