Profit Split Method (PSM) — The profit split method is a transfer pricing method that identifies the combined profit or loss from controlled transactions and divides it between associated enterprises based on an economically valid measure of each party's relative contribution.
The profit split method is a transfer pricing method that identifies the combined profit or loss from controlled transactions and divides it between associated enterprises based on an economically valid measure of each party's relative contribution.
Profit split is a transactional profit method and a two-sided method. Unlike TNMM or CPM, it does not test only one routine party. It evaluates how profits should be shared when multiple related parties make meaningful contributions to the same value chain.
OECD/Regulatory Reference
The OECD Transfer Pricing Guidelines (2022) describe the transactional profit split method in Chapter II at . The Guidelines define the method as identifying the relevant profits from controlled transactions and splitting those profits on an economically valid basis that approximates what independent enterprises would have agreed.
The OECD emphasizes that profit split may be appropriate where both parties make unique and valuable contributions, where operations are highly integrated, or where parties share economically significant risks that cannot be evaluated reliably using one-sided methods.
US Treasury Regulations Section 1.482-6 describe the profit split method, including comparable profit split and residual profit split approaches.
In Practice
Profit split is used when a one-sided benchmark would miss important value creation on both sides of the transaction.
Common indicators for profit split:
Indicator
Why It Matters
Unique contributions by both parties
Routine comparables may not capture either party's value
Shared valuable intangibles
Residual profit may need to be allocated by intangible contribution
Highly integrated operations
The parties' contributions cannot be reliably evaluated in isolation
Shared economically significant risks
A one-sided tested party analysis may allocate risk incorrectly
Limited external comparables
Reliable CUP, RPM, cost plus, or TNMM evidence may not exist
Profit split is data-intensive. It requires a careful definition of the controlled transactions, combined profit pool, accounting basis, allocation keys, and support for why those keys reflect independent-party behavior.
Profit split is not a shortcut around poor comparables. It should be tied to the actual economics of the transaction, especially the functions performed, assets used, risks assumed, and intangible contributions of each party.
Example
Scenario: USCo and UKCo jointly develop and commercialize a software platform. USCo owns core architecture and product strategy. UKCo contributes specialized AI models, engineering leadership, and key customer integrations. Both parties make unique and valuable contributions.
Metric
Amount
Combined platform revenue
$50,000,000
Combined operating costs
$34,000,000
Combined operating profit
$16,000,000
After functional analysis, the group determines that a 60/40 split reflects the relative value of the parties' unique contributions.
Party
Split
Profit Allocation
USCo
60%
$9,600,000
UKCo
40%
$6,400,000
The analysis must document why the profit pool, accounting treatment, and 60/40 allocation basis are reliable.
Profit Split vs. TNMM
Issue
Profit Split
TNMM
Method type
Two-sided
One-sided
What is tested
Combined profit allocation
Tested party net margin
Best fit
Both parties make unique or integrated contributions
One party is routine and reliable comparables exist
Data burden
High
Moderate
Main risk
Unsupported allocation key
Ignoring non-routine value on the untested side
Use TNMM when one party can be treated as the less complex tested party and reliable comparables exist. Consider profit split when that assumption is not credible because both parties contribute unique value or share economically significant risks.
Profit split is most appropriate when both parties make unique and valuable contributions, when operations are highly integrated, or when economically significant risks are shared in a way that one-sided methods cannot evaluate reliably.
Is profit split a method of last resort?
No. Under the OECD framework, the correct method is the most appropriate method for the facts. Profit split may be the most appropriate method where its indicators are present, even if it is more complex than TNMM.
What profits are split under the method?
The method splits the relevant combined profit or loss from the controlled transaction or set of transactions being analyzed. Defining that profit pool is a core step and should be consistent across the participating entities.
What allocation keys are used in profit split?
Allocation keys vary by facts. They may include relative development costs, asset contributions, headcount, time spent, valuation of intangibles, or other economically grounded measures. The key must reflect how independent parties would divide the profit.
What is the difference between contribution and residual profit split?
Contribution profit split divides the entire combined profit based on relative contributions. Residual profit split first allocates routine returns to each party, then splits the remaining residual profit based on unique contributions.