We have enclosed with this e-mail the draft scope of our work and fee. Please kindly review and give us your comment.
Background
Tsuchiya Group is considering introducing royalty transaction into Thailand, whereby the intellectual property (IP) owner will begin to charge Tsuchiya (Thailand) Co., Ltd. ('the Company') royalty fee.
The Company would therefore like to seek assistance from PwC Thailand to help determine the rate of royalty to be charged, taking into account Thailand's transfer pricing rules.
Scope of work
To mitigate the risk of non-deductibility for inter-company charges, the Company, as the payor, must be able to prove that it received benefits from the payment and that the amounts paid are appropriate. The scope of our work is limited only to the determination of the 'appropriate' amounts to be paid.
In determining the royalty rate, we propose to prepare a transfer pricing benchmarking study, adopting the transactional net margin method (TNMM), to identify the arm’s length range of operating profits so as to determine whether or not there is room for the Company to incur royalty charges. Along with the results, we will provide the Company with high level guidance in setting the royalty rate. Specifically, we propose to:
Perform a comparability search of publicly available databases based on pre-defined keywords;
Retrieve the audited financial statements and notes to financial statements of potential comparable companies from the Ministry of Commerce (MoC);
Manually review and analyse the audited financial statements and notes to financial statements retrieved from the Ministry of Commerce;
Produce a ‘selection and rejection table’ which would identify the final sample of comparable companies;
Select profit level indicator(s) to apply to the financial analyses;
Perform financial analyses of the comparable companies for the period of 2010 to 2014, including adjustments as necessary, designed to identify the arm’s length range of operating profits of independent companies;
Draft Transfer Pricing Benchmarking Report along with high-level advice in setting the royalty rate; and
Hold a meeting with the Company at PwC to present and discuss our findings.
Estimated timeline: 7 to 9 weeks
Fees:
Our fees for the preparation of the TNMM study and the high level comments on the royalty rate: Baht 650,000
There will also be an out-of-pocket expenses of Baht 40,000 to 50,000 - for access to the database and photocopies charges from the MoC. Our fees are also exclusive of relevant taxes.
Should you have any questions or comments, please do not hesitate to contact us.