When I first joined the international tax world back in 2018, I was surprised by how little accessible information was available about transfer pricing. Fast forward to 2025, and transfer pricing has become one of the hottest areas in international taxation, with multinational enterprises (MNEs) and tax authorities paying closer attention to it than ever before.
In this post, I'll break down what transfer pricing is, why it matters, and how it affects both business operations and tax liabilities worldwide.
What is transfer pricing?
Transfer pricing is the process of setting prices for goods and services exchanged between related entities within the same corporate group. In simpler terms, it's how one part of a multinational company charges another part of the same company for products, services, loans, or the use of intellectual property.
For example, imagine Tesla manufactures batteries in Germany, assembles cars in the US, and sells them in Norway. Tesla Germany would need to sell batteries to Tesla US, which would then assemble the cars and sell them to Tesla Norway. The prices set for these internal transactions are "transfer prices."
This seemingly mundane accounting practice is actually a critical element of global commerce, with profound implications for both business management and taxation.
The rise of multinational enterprises
To understand why transfer pricing has become so significant, we need to look at how global business has evolved.
Before World War II, few companies had significant foreign operations. Most subsidiaries of early multinationals were relatively independent, operating almost like separate businesses with their own strategies and management.
The post-war era changed everything. Unprecedented advances in technology, transportation, and communication made it easier than ever to conduct business across borders. By the 1980s, the multinational enterprise was firmly established as a dominant form of business organization.
The digital revolution, trade liberalization, the fall of the Berlin Wall, and China's economic reforms further accelerated globalization. Today, MNEs and their foreign subsidiaries account for at least one-third of world output and GDP, and control about two-thirds of international trade.
Most strikingly, approximately one-third of international trade happens within multinational groups rather than between unrelated companies. This is where transfer pricing becomes crucial.
Why transfer pricing matters
When a multinational establishes a subsidiary in a new country, that subsidiary becomes a separate legal entity for tax purposes, regulations, and liability. However, they often trade extensively with their parent company or other subsidiaries within the same group.
This creates a fundamental challenge: how should prices be set for these internal transactions?
The question is far from academic. Transfer pricing affects:
- How profits are distributed among different parts of the company
- How much tax is paid in each country
- How subsidiary managers are incentivized and evaluated
- The overall efficiency and competitiveness of the business
The managerial dimension of transfer pricing
Before diving into tax implications, it's worth noting that transfer pricing has important managerial aspects.
Subsidiaries or divisions within MNEs regularly exchange services and goods. The prices set for these exchanges directly affect the revenues of the selling units and the costs of the buying units.
Since divisions are typically evaluated based on profitability metrics, transfer pricing has a direct impact on how their performance is measured. It also affects managers' incentives to sell internally versus externally.
For example, if an oil extraction division faces too low a transfer price when selling to the company's refining division, it might prefer selling crude oil to external buyers instead. This could undermine the overall efficiency of the company.
Ideally, transfer pricing should align the interests of subsidiary managers with those of the entire group, encouraging decisions that maximize overall corporate profit rather than divisional performance.
The tax dimension (where it gets interesting!)
While the managerial aspect matters, tax considerations often dominate transfer pricing decisions. This is because transfer pricing determines how much profit is taxed in each country where an MNE operates.
Our global tax system operates on a "separate entity" principle, where each corporate entity is treated as an independent taxpayer by local authorities. This means the taxable profits of every entity within an MNE should be determined on a standalone basis.
Since transfer pricing can shift profits from one entity to another, tax authorities are naturally suspicious of MNEs' transfer pricing practices and the potential for manipulating taxable profits.
A real-world example
Let's look at how this works in practice. Imagine Group Y has two subsidiaries:
- A manufacturing entity in South Korea (corporate tax rate: 25%)
- A distributing entity in Singapore (corporate tax rate: 18%)
Scenario 1: Arm's length transfer priceThe manufacturer sells products to the distributor at $80 per unit (market price), resulting in:
- South Korean profit: $30 per unit × tax rate 25% = $7.50 tax per unit
- Singaporean profit: $20 per unit × tax rate 18% = $3.60 tax per unit
- Total tax: $11.10 per unit
Scenario 2: Manipulated transfer priceThe manufacturer sells at $60 per unit (below market), resulting in:
- South Korean profit: $10 per unit × tax rate 25% = $2.50 tax per unit
- Singaporean profit: $40 per unit × tax rate 18% = $7.20 tax per unit
- Total tax: $9.70 per unit
By manipulating the transfer price, Group Y saves approximately 7% of its tax liability. The South Korean government receives almost ten times less revenue, while Singapore collects more.
If the distributor were in a tax haven with zero corporate tax, the potential tax savings would be even more dramatic.
The regulatory response
Governments recognized the potential for transfer pricing abuse decades ago. The US and UK introduced the first transfer pricing rules in the early 20th century, but the issue only became critical from the 1960s onward as international trade expanded.
During the 1990s and early 2000s, the OECD and numerous countries published comprehensive transfer pricing guidelines and regulations. Today, almost every country has legislation designed to protect its tax base from manipulative transfer pricing practices.
Final thoughts
Transfer pricing sits at the intersection of corporate strategy, management accounting, and international taxation. Far from being a dry technical issue, it's a fascinating lens through which to view the evolution of global business and the ongoing tensions between multinational enterprises and national tax authorities.
Whether you're a tax professional, business manager, or simply curious about how the global economy works, understanding transfer pricing is increasingly essential in our interconnected world.
Frequently Asked Questions About Transfer Pricing
What is the arm's length principle?
The arm's length principle is the international standard that requires transfer prices between related entities to be set as if they were unrelated, operating in open markets. In other words, intercompany transactions should be priced the same way they would be if conducted between independent parties. This principle forms the backbone of virtually all transfer pricing regulations worldwide.
Who needs to worry about transfer pricing?
Any business with cross-border related-party transactions should be concerned about transfer pricing. While large multinationals face the most scrutiny, medium-sized companies with international operations also need to comply with transfer pricing rules. Even smaller companies with a single foreign subsidiary could face transfer pricing audits if they have significant intercompany transactions.
What are the main transfer pricing methods?
There are several accepted methods for determining arm's length prices, including:
- Comparable Uncontrolled Price (CUP) method
- Resale Price Method
- Cost Plus Method
- Transactional Net Margin Method (TNMM)
- Profit Split Method
The appropriate method depends on the nature of the transaction, availability of comparable data, and specific industry practices.
What documentation do companies need to maintain?
Most countries require three tiers of documentation:
- Master File (overview of the MNE's global business operations and transfer pricing policies)
- Local File (detailed information about specific intercompany transactions)
- Country-by-Country Report (for large MNEs, providing financial data for each jurisdiction where they operate)
Documentation requirements can vary significantly between countries, so it's important to check local regulations.
What happens if a company doesn't comply with transfer pricing rules?
The consequences can be severe, including:
- Adjustments to taxable income
- Penalties (often 10-40% of the additional tax)
- Interest on underpaid taxes
- Double taxation (when the same income is taxed in two different countries)
- Reputational damage
- Increased audit risk in the future
Does transfer pricing only matter for corporate income tax?
No. While income tax is the primary focus, transfer pricing can also impact:
- Customs duties (which are based on the value of imported goods)
- VAT and GST calculations
- Withholding taxes on cross-border payments
- Individual tax liabilities for executives in global mobility programs
