#48 How to approach transfer pricing with David Tuck

Kevin Appleby is joined by consultant, David Tuck, to explore how to set a transfer price. He also looks at transfer pricing advice and how effective it is. There has been a shift in transfer pricing David tells you there is a mystique of complexity around transfer pricing. It does not need to be that way if you have modest international aspirations. Is transfer pricing all about tax? Or public image of company? David explains how there has been a real shift. Proactive tax planning to aggressively reduce tax liability is less prevalent now. The BEPS rules play a big role in this. There has been a successful campaign in the media to show that it is part of you corporate social responsibility to pay the right amount of tax. Make sure you get it right and don’t fall foul of rules and regulations and potential complexity out there.  Transfer pricing is much more about accidental consequence mitigation now. Making sure you don’t make mistakes or interpret the rules wrong. It is also no longer adversarial; "how can we beat the tax authority?". The public outcry over Google, Amazon, Starbucks etc has been a part of this change. It’s about navigating the rules. Expanding internationally because it's in our commercial interest to do so, not to save tax. As David says, the tax tail no longer wags the business dog! Accidental consequence mitigation With transfer pricing, often start up finance leaders have heard it and they google it. They think they don’t need to do anything as there’s a UK SME exemption. This means from a UK perspective, there are no worries. They don’t, however, realise that if you have international operation the same exemptions may not apply. There is no exemption in the USA for instance. As a result, that startup could be exposed when it comes to transfer pricing. This means you could build up costs and losses which exposes the startup to inquiries in the USA by the IRS. This bites when you’re going through funding round or an exit. There can an be serious consequences. Operating in other countries may mean you need to see if you need a transfer policy. A US operation may expose start up to 6 years of going back in terms of enquiry instead of 3. The IRS can enquire into you when you are going through an exit. Any opportunity for a price shave will be looked for and they will see transfer price risk exposure. It can drop the value by 10%. What transfer pricing help do SME's need? The way David comes at is that there is a false dichotomy at present when it comes to transfer pricing. Either you do nothing or ,what a lot of finance leaders do, cobble a policy together themselves. Alternatively, they go to a professional services firm. There’s a middle ground here. The principle of reasonableness underlies the transfer pricing rules. David believes there is a gap for an OECD-aligned solution. If you’re a startup the most important thing is to have a sensible transfer pricing policy, sensible mark-up, some documentation that looks the part, then some legal agreements to back-up this is a genuine commercial relationship. David sees a gap for an OECD-aligned solution that could get you 95% of the way there. It is ballpark accurate, and it's more than reasonable. That’s what finance leaders in startups want, to have done something sensible without paying eye-watering sums for finance pricing advice. Further down the line, you might go and pay for some specialist transfer pricing advice on top of that general policy to give you additional peace of mind.