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.
Grant Faulkner Nelson is a vice president, team manager and key initiative leader at Gartner. He currently oversees Gartner for Finance Leaders' group of data and analytics experts and serves as the key initiative leader for finance D&A.
In his role, Peter leads the product and engineering teams to define and execute the company's technology strategy and roadmap for all Cover Genius' platforms, including XCover, the insurtech's award-winning insurance distribution platform.
As CTO, Peter focuses on the delivery of innovative products and the continued adoption of open source and cloud-based technologies. He is responsible for and oversees the design and implementation of our global scale real-time platforms with a focus on performance, reliability and security.
Prior to Cover Genius, Peter was VP of Engineering at Freelancer.com, where he expanded and led the global engineering team to more than 150 employees across Australia, Canada, United Kingdom, Philippines and Argentina. During his tenure, his leadership ensured core platforms scaled to support 30 million users and $740 million in gross payment volume.
Peter holds a Ph.D. in Computer Science (Spatial Data Mining) from James Cook University and has lectured at the University of Sydney about topics including software engineering, scalable infrastructure and agile development practices. Based in Sydney, he is also a supporter of local organizations that help provide healthcare to rural and remote areas of Australia.
Sol Klein is the Head of Customer Experience & Operations at Floify.
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.
