What is transfer pricing?

Transfer pricing (TP) is a practice used by multinational companies to set the prices for goods, services, or intellectual property that are transferred between their different subsidiaries or divisions located in different countries. The goal is to ensure that these transactions are priced fairly, as if they were between unrelated, independent entities. This is important for tax purposes and to comply with local regulations. TP can impact a company’s tax liabilities and profits in various countries, and it’s subject to scrutiny by tax authorities to prevent tax evasion or profit shifting.


Acceptable methodologies

Several TP methods are commonly to determine the appropriate pricing for intra-company transactions. The choice of method depends on the nature of the transactions and the available data. Common methods include:

  • Comparable Uncontrolled Price (CUP) Method. This compares the price charged for a product or service in a controlled transaction to the price charged for a similar product or service in an uncontrolled (independent) transaction.
  • Cost Plus Method. This adds a reasonable profit margin to the cost incurred by the selling entity to produce the goods or provide the services transferred.
  • Resale Price Method. This method starts with the resale price of the product to independent customers and deducts an appropriate gross profit margin to arrive at a transfer price.
  • Transactional Net Margin Method (TNMM): TNMM involves comparing the net profit margin earned by the tested party (the subsidiary involved in the controlled transaction) to the net profit margins of comparable uncontrolled companies.
  • Comparable Profits Method (CPM). CPM compares the operating profit earned by the tested party with the operating profit of comparable uncontrolled companies.
  • Profit Split Method. This method allocates the combined profits from a controlled transaction among the associated enterprises in a way that is consistent with the division of profits that would have been realized by unrelated parties.


Factors to consider in deciding which method is appropriate. .

Selecting the appropriate transfer pricing method involves a careful analysis of your company’s specific circumstances, the nature of the controlled transactions, and the availability of relevant data. It is essential to use the most appropriate method to ensure compliance with tax regulations and avoid disputes with tax authorities. Here are some steps to help you decide:

  • Understand Your Business and Transactions. Begin by thoroughly understanding your company’s business operations and the controlled transactions you are dealing with. This includes the products or services involved, their unique characteristics, and the functions, assets, and risks assumed by each entity in the transaction.
  • Consider the Available Data. The availability of reliable data is crucial. If you have access to comparable data from independent transactions, the Comparable Uncontrolled Price (CUP) method may be appropriate. If not, consider other methods that rely on internal data or industry benchmarks.
  • Assess the Arm’s Length Principle. Ensure that the selected method aligns with the arm’s length principle, which means the pricing should be similar to what unrelated parties would agree upon. This principle is central to transfer pricing regulations.
  • Analyze the Functions and Risks. Carefully assess the functions performed, assets used, and risks assumed by the related entities in the controlled transactions. Different methods may be better suited depending on the allocation of these factors.
  • Consider Industry Practices. Industry-specific factors may influence your choice of transfer pricing method. Some industries may have common practices for pricing certain types of transactions.
  • Document the Decision: Proper documentation is crucial for defending your transfer pricing method to tax authorities. Clearly document why you chose a specific method and provide supporting evidence.
  • Consult with Experts: Transfer pricing can be complex, and consulting with tax professionals or transfer pricing experts can be valuable. They can provide guidance on selecting the most appropriate method and ensure compliance with local regulations.

The appropriateness of the method can vary from one year to the next or from one set of transactions to another. It’s important to periodically review your transfer pricing policies and make adjustments as needed to reflect changes in your business and regulatory environment.