How to Plan and Build a Transfer Pricing Study That Holds Up
A transfer pricing study is the document that proves the prices charged between related companies match what independent parties would have agreed. It is built in a fixed order: delineate the transaction as it actually happened, characterize what each entity does and risks, pick the tested party and the method, build and tie out the cost base, benchmark it, then crosswalk the file to the documentation rules that buy penalty protection. In the files we build, the economics are rarely the problem; most of the work goes into the supporting evidence. The steps below follow the order we use with clients.
The engagement I keep coming back to is a software group with its IP-owning company in a jurisdiction with no corporate income tax and a Delaware development company doing the build. The development company invoiced its costs plus a markup, the cost base grew into the millions by the second year, and every intercompany payment had to be tied back to an invoice after the fact.