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.
Ron Schneider is director, corporate governance services for Donnelley Financial Solutions (DFIN). He is responsible for providing thought leadership on emerging corporate governance, proxy, sustainability and other disclosure issues. During his career, he has managed more than 1,600 proxy solicitations, 200 tender or exchange offers, and 30 proxy contests, with his proxy fight clients succeeding in over 70% of such situations. His prior experience includes three years at investor relations agency The Financial Relations Board, three years at AST Phoenix Advisors, and nine years at BNY Mellon. Earlier in his career, he held increasingly senior positions at major proxy solicitation firms Morrow & Co., D.F. King, and Georgeson & Co., where he served on its first board of directors.
Jason brings over 20 years of health care industry experience, with a track record of building successful organizations and delivering innovation. Prior to Sidecar Health, Jason had various executive roles at Centene Corporation, which covers 25 million Americans. Jason graduated from Washington University Olin School of Business with concentrations in Finance, Accounting, and German. He enjoys travel with his family and is working to lower his golf handicap and improve his offshore fishing knowledge.
Faheem Shakeel, Damco Solutions' VP for Insurance, is a veteran of insurance technology strategy. He has been instrumental in developing proprietary, homegrown products that cater to diverse customer needs. Shakeel has played a pivotal role in leveraging AI to build advanced solutions that enhance process automation, streamline workflows, and optimize operations in the complex and ever-evolving insurance landscape. His strategic vision and technological acumen continue to drive innovation, enabling insurers to stay ahead in a competitive market.
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.
