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Transfer Pricing Alert

Understanding Resale Price Method (RPM)

The Resale Price Method (RPM) is one of the five main transfer pricing methods used to determine the arm's length price for transactions between related parties, especially in the context of international taxation.

RPM is used when a product is purchased from a related party and subsequently resold to an independent party. The method begins with the resale price to the independent party and subtracts an appropriate gross margin and adjust for other costs associated with the purchase of the product. This results in the arm's length price for the original transaction between related parties.

Applicability of RPM

  1. When the reseller adds minimal value to the product (e.g., no significant processing or alteration). 
  2. Commonly used in distribution or retail scenarios. 
  3. When comparable gross margins are available from similar independent companies.

Key Comparability Factors in RPM

1. Functional Comparability 

a. The reseller should perform similar functions (e.g., distribution, marketing) as the comparables. 

b. RPM is most reliable when the reseller does not add significant value to the product (e.g., no manufacturing or customisation).

2. Gross Margin Consistency 

a. The method relies on comparing gross profit margins, not net margins.

b. Gross margins must be consistent across controlled and uncontrolled transactions, requiring adjustments for differences in accounting practices (e.g., treatment of discounts, freight, warranty costs).

3. Product Similarity 

a. While exact product matching is not required,products should be broadly similar in nature and market positioning. 

b. Minor differences (e.g., color or design of shoes) are acceptable if they don’t materially affect the margin.

4. Timing of Resale 

a. RPM works best when the product is resold shortly after purchase, minimising the impact of market fluctuations or inventory holding costs.

5. Accounting Consistency 

a. Differences in cost classification (e.g., COGS vs. operating expenses) can distort gross margins. 

b. Adjustments may be needed to ensure an “apples-to-apples” comparison.

6. Market Conditions 

a. Economic conditions, competitive landscape, and pricing strategies can affect resale prices and margins. 

b. Regular review and updates are necessary to maintain comparability.

7. Availability of Comparable Uncontrolled Transactions (CUTs) 

a. Reliable data on similar transactions between independent parties is essential. 

b. If direct CUTs are unavailable, benchmarking against similar distributors may be used.

Advantages of the RPM Method

  1. Simple and straightforward when reliable comparables are available.
  2. Useful for routine distribution activities.

Limitations and Challenges

  1. Not suitable if the reseller adds significant value (e.g., manufacturing, customisation).
  2. Difficult to apply if gross margin data from comparable companies is not available or reliable. 
  3. Sensitive to differences in accounting practices and cost structures.

(Chapter II: Transfer Pricing Methods, OECD Transfer Pricing Guidelines, January 2022 and BIR RR No. 2-2013)

The Resale Price Method is a practical and widely accepted transfer pricing approach for evaluating intercompany transactions involving resellers. By anchoring the analysis on the final resale price and adjusting for a market-based gross margin, RPM ensures that the transfer price reflects an arm’s length standard. While it offers simplicity and clarity in distribution scenarios, its effectiveness depends on the availability of reliable comparables and minimal value addition by the reseller. Proper documentation and functional analysis are key to its successful application.

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