Transfer pricing is applicable when a company which comes under transfer pricing limits and provisions supplies goods, services or finance to another company to which it is related. It is an internationally accepted principle that transactions between related parties (associated enterprises) should be based upon the same terms as between unrelated parties i.e. should be at Arm's Length. Both the Double Tax Avoidance treaties entered into between countries and domestic tax legislation of various countries has adopted the arm's length principle.
Calculating Arm's Length Principle
Transfer pricing is applicable at the time of a deal
between two interrelated or enterprise associates
parties. That is behavior as if they were not related,
so that there is no query of a disagreement of
attention. In simple way we can describe this as 'a deal
between two unconnected or associate parties'.
Transfer pricing guidelines for multinational
enterprises and tax administrations had been introduced
by OECD in 1995. Guideline of OECD are appreciated
globally. The transfer pricing has to be resolute on the
basis of the arm's length principle in the transfer
pricing system, so price determined is the Arm's Length
Price (ALP). According to the ALP there are two type of
transfer pricing methods
1.
Traditional Transaction Method
2.
Transactional profit method or Non Transactional Method
Traditional transaction method:
Traditional transaction methods highlight each
transaction particularly relatively in view of the
overall profit shape of connected entities at the ALP.
OECD Guidelines submit to the next methods as
transactional method
Comparable Uncontrolled Price method (CUP)
Resale Price Method (RPM)
Cost Plus Method (CP method or C+)
Comparable Uncontrolled Prices method (CUP)
In this method, price charged in an uncontrolled deal
between comparable entities is recognized and evaluate
with the verified entity price to determine the Arm's
Length Principle.
The CUP method offer the finest evidence of ALP. A arm's
length price may arise where:
Tax payer or another member of the associate group sells
the product, in comparable sizes and in the comparable
terms to ALP in similar promote markets (internal
comparable).
An ALP party sells the similar product, in similar size
of quantity and in the comparable conditions to other
arm's length party in similar markets (an external
comparable).
The taxpayer of the entities buys the similar
quantities, in comparable quantities and in the similar
terms from the associate parties in the comparable
markets (internal comparable).
An ALP party buys the particular goods, in comparable
quantities and in the similar terms from the other arm's
length associate party in similar markets (external
comparable).
Cost Plus Method (CPM)
In this method, the total price of intangible incurred
by the tested parties in transferring products and
services to Associated Enterprises is measured and the
sum of gross profit spot used by similar enterprises in
comparable transactions with self-determining associated
enterprises is determined. The sum of gross spot arrived
at is used to take into account functional and other
variation to determine ALP. The extra similarities in
the functions, risks and property, the extra likely it
is that the cost plus method will create an suitable
estimation of an arm's length result.
In common, for reason of apply a cost-based method,
costs are divided into three categories:
Direct costs:- raw materials;
Indirect costs:- repair and maintenance which may be
allot among several goods.
Operating expenses:- selling, general, and
organizational expenses.
The cost plus method uses limits calculated after direct
and indirect costs of goods. Correctly shaping cost
under the cost plus method is important. Cost is
typically calculated in agreement with accounting values
that are usually accepted for that exacting industry in
the region where the products are produced.
The cost base of the deal of the associated parties to
which a mark-up is to be applied be calculated in the
same way and returns comparable functions, risks, and
properties as the cost base of the similar transactions.
Where cost is not exactly resolute in the same way, both
the mark-up and the transfer will be used.
Resale Price Method (RPM)
RPM method is related to CPM. This method is used where
the vendor adds similarly little value to goods owned
from associate enterprises. Here, Arm's Length Price is
determined by reducing the relevant gross profit mark-up
from the sale price charged to free entity.
The resale price method starts with the resale price to
arm's length entities (of a goods buy from an non-arm's
length entities ), minimized by a similar gross margin.
This similar gross margin is resolute by reference to
either:
The resale price margin earned by a associate of the
group in similar uncontrolled transactions (internal
comparable); or
The resale price margin earned by an arm's length
enterprise in similar uncontrolled transactions
(external comparable).
Beneath this method, the arm's length price of products
obtain by a taxpayer in a non-arm's length deal is
resolute by reducing the price understand on the resale
of the products by the taxpayer to an arm's length
entities, by an suitable gross margin. This gross
margin, the resale margin, should allow the vendor to:
Recover its operating costs; and
Earn an arm's length profit support on the factors
achieve, properties used, and the risks understood.
Transactional Profit Methods
In transactional profit methods, related parties profit
statistics are measured and adjusted relevantly to their
share. These are:
Profit Split Method (PSM)
This method is used when associate enterprise
transactions are included that it becomes very hard to
conduct a transfer pricing analysis on a transactional
base. The priority function to do is combined net profit
acquiring to connected entities from a transaction is
decide. After that combined net profit is allotted in
between connected entities with mention to market income
gained by free enterprises in comparable transactions.
In this Profit Split Method (PSM)
First move is to decide the sum of profit gained by the
associate parties from a controlled transaction. The
Profit Split Method (PSM) allots the total incorporated
profits connected to a controlled transaction, not the
total profits of the associate group as a complete. The
profit to be split is usually the operating profit,
before the reduce of interest and taxes. In some
satiations, it may be suitable to split the gross
profit.
Second move is to split the profit among the associate
parties base on the comparative price of their
assistance to the non-arm's length dealings, allowing
for the functions assumed, the properties used, and the
risks understood by each non-arm's length associate
parties, in connection to what arm's length parties
would have taken.
Profit Split Method (PSM) applied where:
The functioning of two or more non-arm's length
associate parties are extremely included, making it hard
to assess their dealings on an entity basis; and
The continuation of valuable and sole intangibles makes
it hard to set up the proper stage of comparability with
uncontrolled dealings to relate a one-sided method.
Due to the difficulty of international operations, one
group of the global group is rarely allowed to the total
return attributable to the important properties, such as
intangibles.
Transactional Net Margin Method (TNMM)
Generally accepted in cases of transfer of
semi-completed products, distribution of completed goods
and transactions linking the condition of services.
In this method:
Relatively the net profit margin of a entities take
position from a non-arm's length deal with the net
profit margins understand by arm's length associate
parties from comparable transactions; and
Observe the net profit margin relation to suitable base
such as price, sales or properties.
This vary from the cost plus and resale price methods
that balance gross profit margins. though, the TNMM need
a stage of similarity to that necessary for the request
of the cost plus and resale price methods. Where the
applicable information exists at the gross margin stage,
associate enterprises should apply the cost plus or
resale price method.
Most Appropriate Transfer Pricing Methods
Cost plus method (CPM)
This method is generally used where semi finished
products are transferred.
Comparable Uncontrolled Prices Method (CUP)
This is not favorable as no public database is
accessible concerning prices apply by autonomous
enterprises in import of comparable products.
Resale Price Method (RPM)
In this method the vendor adds comparatively small or
no value to goods taken from associate enterprises. In
the current case in this method may be taken as the very
important method as similar data of comparable deals by
independent entities is available.
Profit Split Method (PSM)
PSM method is used when associate enterprises are so
combined that it turns into difficult to make transfer
pricing analysis on transactional methods basis.
Transactional Net Margin Method (TNMM)
In this method generally apply in the case of transfer of partially completed products, distribution of completed goods and where RPM cannot be sufficiently applied. In general RPM more suitably applied in this case, TNMM is also not right.
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