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Transfer Pricing Alert

Overview of 5 Common Transfer Pricing Methods

Transfer pricing refers to the pricing of goods, services, or intangibles transferred between and among related entities. It determines how profits are allocated among different jurisdictions by applying the arm’s length principle, which ensures that transactions between related parties are priced as if they were between independent entities.

Below are the five (5) commonly used transfer pricing methods:

1. Comparable Uncontrolled Price (CUP) Method

The CUP method compares the price charged in a controlled transaction with the price charged in a comparable uncontrolled transaction under similar conditions. It is considered one of the most direct and reliable methods when high-quality comparables are available, as it directly assesses pricing based on market benchmarks.

2. Resale Price Method (RPM)

The RPM assesses transfer pricing by starting with the resale price of a product that a related party sells to an independent entity. From the resale price, an appropriate gross margin based on comparable uncontrolled transactions is subtracted to determine the arm’s length price. This method is commonly used for distribution activities where the reseller adds limited value to the product.

3. Cost Plus Method

CPM begins with the costs incurred by a supplier in a controlled transaction and adds an appropriate markup to reflect an arm’s length profit, where the markup is typically based on comparable transactions between independent parties. CPM is commonly used in manufacturing or service arrangements where the supplier performs significant value-adding functions.

4. Transactional Net Margin Method (TNMM)

TNMM examines the net profit margin relative to an appropriate base (e.g., costs, sales, assets) that a taxpayer realises from a controlled transaction. This method uses the indicator of profit level in comparable independent transactions to determine the net operating profit of related party transactions.

TNMM assesses the arm’s length nature of a controlled transaction by examining the net profit margin relative to an appropriate financial base, such as costs, sales, or assets, earned by the taxpayer, where the margin is compared to those achieved in comparable uncontrolled transactions. TNMM is widely used due to its flexibility and the availability of reliable financial data.

5. Profit Split Method

PSM allocates the combined profits from intercompany transactions based on the relative value of each party’s contribution. It is particularly useful in cases involving highly integrated operations or when both parties contribute unique and valuable intangibles. In such scenarios, separate testing of each party’s results is impractical, making a joint analysis more appropriate to reflect an arm’s length outcome.

The selection of a transfer pricing method should be based on its reliability and relevance to the specific facts and circumstances of the transaction. While the Bureau of Internal Revenue (BIR) does not mandate a specific method, taxpayers are expected to adopt the approach that most accurately reflects an arm’s length result. This requires the use of high-quality data and sound economic analysis to support the chosen method.

(Chapter III, Revenue Audit Memorandum Order (RAMO) No. 1-2019)

Taxpayers must be able to justify their choice of transfer pricing method through proper documentation. Maintaining comprehensive and well-organised records that clearly explain the rationale behind the selected approach is essential for demonstrating compliance with the arm’s length principle. As transfer pricing remains a key focus of tax audits, it is crucial for taxpayers to stay informed, maintain robust documentation, and proactively manage their compliance obligations.

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