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.
Phil McGriskin is CEO and co-founder of Vitesse, the trusted financial infrastructure connecting the global insurance ecosystem. With more than 20 years of fintech and payments experience, he leads the company's global strategy, focusing on fund transparency and control, efficient claims operations and business growth.
McGriskin co‑founded Envoy Services in 2006 and led it through acquisition by Worldpay in 2011, later serving as Worldpay's chief product officer and head of Worldpay Futures. In 2014, he launched Vitesse, alongside Paul Townsend, to address inefficiencies in insurance payouts and liquidity management.
Under his leadership, Vitesse has processed billions in claims, including £4 billion in the past year—and secured major backing, most recently a $93 million Series C led by KKR to fuel U.S. expansion.
LinkedIn: https://www.linkedin.com/in/phillip-mcgriskin-521a2b1/
Steve Abbott is head of public policy and government affairs at Gusto.
Agim Emruli has over 20 years of experience in software development, architecture, and leadership, working with different technology-oriented companies in various industries, such as finance, banking, insurance, government, healthcare, and retail. He is passionate about creating and delivering innovative and scalable solutions that address complex business challenges and enhance customer experience. As the CEO of Flowable, he leads the development and growth of the open-source Intelligent Business Automation platform that combines case, process, and decision support into a single solution. He also oversees the strategic direction and operations of Mimacom, a global software development and consulting company with a focus on agile methodologies and web services.
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.
