Transfer Pricing: Perspectives of Economists and Accountants (Part 1) (Portfolio 6908)

  • This Portfolio analyzes the economics of transfer pricing, considers the viability of the arm’s-length approach, and discusses the use of a company’s internal data to assist in establishing and defending transfer prices.

Description

Tax Management Portfolio, Transfer Pricing: Perspectives of Economists and Accountants (Part 1), No. 6908, analyzes the economics of transfer pricing, considers the viability of the arm’s-length approach, and discusses the use of a company’s internal data to assist in establishing and defending transfer prices.

Chapter 1, “The Economics of Transfer Pricing,” analyzes transfer pricing from an economist’s perspective, explaining the economic principles underlying intercompany pricing of tangible property, intangible property, services, and financial transactions. With respect to the latter, the Chapter discusses the economic principles underlying the pricing of intercompany loans, guarantees, accounts receivable factoring, and cash pooling. This Chapter also explores the key roles played by profits and rates of return in economic theory and addresses issues of economic measurement in the context of transfer pricing practice in general. While it explores the economic foundations of transfer pricing, the § 482 regulations are also described in the context of transfer pricing practice. This Chapter thus represents a synthesis of perspectives, including economic theory, the relevant law and corresponding regulations, and practical considerations regarding the practice of transfer pricing in general.

Chapter 2, “Multinational Group Theory and the Limitations of the Arm’s-Length Approach,” discusses multinational group theory and the arm’s-length and formulary apportionment approaches to transfer pricing. The Chapter examines the attempts in the §482 regulations to address some of the inherent limitations of the arm’s-length approach and discusses the emphasis of those regulations on profit split methods in situations involving valuable intangibles.

Chapter 3, “The Use of Financial Accounting Data for Transfer Pricing Purposes,” demonstrates how to analyze a company’s accounting and managerial data for transfer pricing purposes. The Chapter uses a case study to show how to utilize that data in implementing and updating the company’s transfer pricing system, as well as in seeking an advance pricing agreement or Competent Authority assistance.

This Portfolio may be cited as Axelsen, Plotkin, Stone, Langbein, Morgan, Meyer, and Clowery, 6908 T.M., Transfer Pricing: Perspectives of Economists and Accountants (Part 1).


Table of Contents

Chapter 1: The Economics of Transfer Pricing
1:I. Introduction
1:II. Intercompany Pricing of Tangible Property
1:III. Intercompany Pricing of Intangibles
1:IV. Intercompany Pricing of Services
Chapter 2: Multinational Group Theory and the Limitations of the Arm’s-Length Approach
2:I. Introduction
2:II. Evolution of Transfer Pricing Analysis
2:III. Economic Analysis: “Equilibrium,” “Disequilibrium,” and Neutrality
2:IV. Economic Analysis and the “Transaction-Based” Arm’s-Length System
2:V. Economic Analysis and the Current Regulations
Chapter 3: The Use of Financial Accounting Data for Transfer Pricing Purposes
3:I. Introduction
3:II. Analysis of Financial Accounting Data
3:III. Implementing and Updating Transfer Pricing Systems
3:IV. Other Issues
3:V. Summary
Dan Axelsen
Principal
PricewaterhouseCoopers LLP
plotkin-irving-2015
Irving Plotkin
SMD
Pricewaterhousecoopers LLP
stone-garry-2015
Garry Stone
President
Stone Economic Consulting LLC
Stanley_Langbein
Stanley Langbein
Professor of Law
UNIV OF MIAMI SCH OF LAW
morgan_r.william_2015
R. William Morgan
Managing Director
Horst Frisch Incorporated
Thomas_Meyer
Thomas Meyer
Managing Director
Horst Frisch Incorporated
Grant Clowery
Grant Clowery
Owner
Clowery Consulting