TRANSFER PRICING CASE STUDIES WORKSHOP SAN JOSE 31 MARCH - 4 APRIL 2014 2. Case Study 1 - Traditional Transfer Pricing Methods OECD freely authorises the use of this material for non-commercial purposes. All requests for commercial uses of this material or for translation rights should be submitted to rights@oecd.org. The opinions expressed and arguments employed herein are those of the author and do not necessarily reflect the official views of the OECD or of the governments of its member countries. Facts of the Case Champagne Producer France Independent Champagne Producer France (controlled) transaction Transfer Price? Associated Wholesaler Costa Rica 12.50 EUR (uncontrolled) transaction Independent Sales Price 6 EUR Wholesaler 15 EUR Costa Rica Retailer Costa Rica Retailer Costa Rica The associated wholesaler (subsidiary) incurs transportation costs of 1.50 EUR. The independent wholesaler incurs no transportation costs. 2 Questions 1. Which factors should be taken into account in determining the arm’s length transfer price for one bottle of champagne sold by the French producer to its associated Costa Rican subsidiary? 2. Which company should be selected as tested party and why? 3. What transfer pricing method is the most appropriate method to the circumstances of this case and why? 4. What is the arm’s length transfer price per bottle of champagne sold by the French producer (parent company) to its associated Costa Rican subsidiary? RESALE PRICE METHOD Tested Party Transfer Price Manufacturer Distributor Multinational Enterprise Group Sales Price to Third Party Third Party Customer Sales Price to 3rd Party - Gross Profit Margin Transfer Price • Calculate gross margin for distributor/reseller • Easiest to apply if reseller does not add substantially to value of product 4 RESALE PRICE METHOD P&L Account Sales Costs of Goods Sold • Gross profit level indicator • Looks at gross profit relative to sales Gross Profit Operating Expenses Net Operating Income 5 RESALE PRICE METHOD Calculation of Arm’s length price (ALP): ALP = Resale Price - (Resale Price Margin x Resale Price) Resale Price Margin = Sales Price - Purchase Price Sales Price 6 RESALE PRICE METHOD Sale Price to Third Parties $ 100 Resale Price margin 20% Determined from comparable companies Arm’s length price = $ 100 - (20% x $100) = $ 80 7 Example Champagne Producer France Independent Champagne Producer France (controlled) transaction Transfer Price? Associated 12.50 € Retailer Wholesaler Costa Costa Rica Rica (uncontrolled) transaction Independent Sales Price 6 EUR Wholesaler Costa Rica 15 € Retailer Costa Rica The associated wholesaler incurs transportation costs of 1.50 €. The independent wholesaler incurs no transportation costs. 8 Example Solution Retail price charged by independent wholesaler 15.00 100% Purchase price paid by independent wholesaler - 6.00 - 40% 9.00 60% Retail price charged by independent wholesaler 15.00 100% Purchase price paid by independent wholesaler - 6.00 - 40% Adjustment for CIF – FOB12% of sales price +1.80 +12% Gross profit / margin of the independent wholesaler 10.80 72% Gross profit / margin of the independent wholesaler 9 Example Calculating the AL price Retail price charged by dependent wholesaler 12.50 100% Purchase price paid by dependent wholesaler TP ??? ??? ??? Retail price charged by dependent wholesaler 12.50 100% Purchase price paid by dependent wholesaler 3.50 - 28% Gross profit / margin of the dependent wholesaler 9.00 72% Gross profit / margin of the dependent wholesaler 10 Questions and/or comments?