5.2. Summary of Functions, Risks and Assets
Employed
The tables below provide a summary of the economically significant functions, assets, and risks
assumed by ALTC in comparison with other related companies.
Function
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
Research and development No Yes No Yes
Procurement of raw materials Secondary Primary Secondary Primary
Procurement ofmachinery and
equipment Secondary Primary Secondary Primary
Production scheduling Yes Yes Yes Yes
Manufacturing Yes Yes Yes Yes
Inventory Control
-Raw materials
-Finished products
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Quality control Secondary Primary Secondary Primary
Sale and marketing No Yes Secondary Primary
Distribution No Yes Yes No
After-sales Service Yes Yes Yes No
Risk
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
R&D risk No Yes No Yes
Market risk High Low High Low
Inventory risk
- Raw materials
- Finished products
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Production risk Yes Yes Yes Yes
Product liability risk Yes Yes Yes Yes
Credit risk No Yes Yes No
Foreign exchange risk Yes Yes Yes Yes
Function, Risk, and Asset Analysis
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Asset
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
Tangible assets Yes Yes Yes Yes
Intangible assets No Yes No Yes
Economic Analysis
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PwC 47
6. Economic Analysis
This part of the analysis deals with the understanding of ALTC’s business, and ALTC’s related
companies, together with the information obtained from the functional analysis to determine the
appropriate transfer pricing methodology to be used for determining the arm’s length nature of
ALTC’s operating results.
The economic analysis examines the significant features of ALTC’s relationship with related parties,
such as some of the unquantified benefits that might flow to each company, and if necessary, attempts
to quantify those benefits if adjustments are required to the benchmarking exercise to ensure
comparability.
This analysis also examines any current transfer pricing methods used. If the current method is
inappropriate, then an appropriate arm’s length transfer pricing method for evaluating the transfer
prices will be selected, with reference to the OECD Guidelines27 on transfer pricing and the Revenue
Department Instruction No. Paw. 113/2545 (“D.I. No. Paw.113/2545”).
By benchmarking uncontrolled companies transacting with other third parties, the results should
approximate the arm’s length margin ALTC should earn. The results will be evidence to justify the
arm’s length nature of ALTC’s actual margin.
The benchmarking exercise involves a search for companies, which are comparable to ALTC, a search
of their financial statements, and making any adjustments (based on the financial analysis, as well as
functional and economic analyses of ALTC) that may be required to ensure that the results are
comparable.
Information included in this part consists of the definition and analysis of transfer pricing methods,
the selection of the most appropriate method, and reasons for selecting the method.28 The study also
describes databases used in the comparables search and criteria and screening processes, as well as
the arm’s length range of operating profits of comparable independent companies.
6.1. Definition of Arm’s Length Standard
The OECD Guidelines adopt the arm’s length principle as the international standard for the evaluation
of inter-company pricing. Each party to an intra-group transaction must earn a reward from that
transaction similar to the reward that an independent party would have expected had that
independent party entered into the transaction. Accordingly, application of the arm’s length principle
entails a comparison of an internal transfer price to the prices realised in comparable transactions
between independent companies. If price data is not available, profitability data from independent
companies engaged in comparable transactions may be used to infer arm’s length pricing.
A controlled transaction meets the arm’s length standard if the results of the transaction are
consistent with the results that would have been realised if uncontrolled taxpayers had engaged in
comparable transactions under comparable circumstances.29 In order to be “comparable” to a
controlled transaction, an uncontrolled transaction need not be identical to the controlled transaction,
but must only be sufficiently similar that it provides a reliable measure of an arm’s length result.30 To
27 The Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations published by the Organisation for
Economic Cooperation and Development.
28 The adjustments are for comparability as there are differences in accounts receivable, accounts payable, and inventory
policies among companies.
29 OECD Guidelines (Revised 2010), Chapter I, Paragraph 1.1 - 1.13.
30 OECD Guidelines (Revised 2010), Chapter I, Paragraph 1.33 - 1.63.
Economic Analysis
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meet the arm’s length standard, a controlled taxpayer’s results need only be within the range of results
determined by the results of two or more comparable uncontrolled transactions.31 These concepts of
results, comparability, reliability and range are critical to the application of the arm’s length standard.
6.2. PricingMethodology
Like the OECD Guidelines32, the D.I. No. Paw.113/254533 provides specified methods for evaluating
the arm’s length nature of prices charged in inter-company sales or services. Three primary
approaches are outlined in the D.I. No. Paw 113/2545. These approaches are the Comparable
Uncontrolled Price, Resale Price and Cost Plus methods, collectively called Traditional Transaction
Methods. While these methods cannot easily be used, the OECD Guidelines endorse another two
approaches focusing on profitability, which are the Profit Split and Transactional Net Margin methods,
collectively called Profit-Based Methods. The arm’s length character of a controlled transaction must
be determined by applying one of these transfer pricing methods.
6.2.1. Traditional Transaction Methods
6.2.1.1. Comparable Uncontrolled Price Method
The comparable uncontrolled price (CUP) method is used for the transfer of tangible and intangible
property. It evaluates whether the amount charged for a controlled transfer of property or service was
appropriate by reference to the amount charged in a comparable uncontrolled transaction. The CUP
method will generally be the most direct and reliable measure of an arm’s length result of the same
property in substantially the same circumstances as the controlled transaction.
There are two types of CUP methods, internal and external. Internal CUP method exists when
transferring property or services to both a related party (i.e. the controlled transaction) and an
unrelated party (i.e. the uncontrolled transaction). In this case, assuming that the transfer to the
unrelated party concerns similar property or services and that the transfer takes place under similar
circumstances to the related party transaction, the prices paid in the uncontrolled transaction should
provide evidence of arm’s length pricing that can be applied to the controlled transaction. External
CUP method exists for transferring of property or services where it is possible to determine from
public sources the prices paid for the transfer of similar property or services between two unrelated
parties.
It is important to note, however, that the OECD Guidelines accept that if such exact comparable
transactions cannot be identified, other (broadly) comparable transactions may be used to apply this
method, even though the reliability of the analysis will be reduced.
6.2.1.2. Resale Price Method
The resale price (RP) method is used for the transfer of tangible property. It tests the arm’s length
character of a transfer price in a controlled transaction by reference to the gross profit margin (i.e.
gross profit divided by net sales) realised in a comparable uncontrolled transaction. The RP method
measures the value of functions performed and is ordinarily appropriate in cases involving the
purchase and resale of tangible goods in which the buyer/reseller (i.e. distributor) does not add
substantial value to the goods by physically altering them or by using marketing intangibles.
“The resale price method begins with the price at which a product that has been purchased
from an associated enterprise is resold to an independent enterprise. This price (the resale
31 OECD Guidelines (Revised 2010), Chapter III, Paragraph 3.55 – 3.66.
32 OECD Guidelines (Revised 2010), Chapter II, Paragraph 2.1-2.149.
33 Revenue Department Instruction No. Paw.113/2545 Clause 3.
Economic Analysis
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PwC 49
price) is then reduced by an appropriate gross margin (the “resale price margin”)
representing the amount out of which the reseller would seek to cover its selling and other
operating expenses and, in light of the functions performed (taking into account assets used
and risks assumed), make an appropriate profit”.34
A distributor’s gross profit provides compensation for the performance of the distribution functions
5.2. Summary of Functions, Risks and Assets
Employed
The tables below provide a summary of the economically significant functions, assets, and risks
assumed by ALTC in comparison with other related companies.
Function
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
Research and development No Yes No Yes
Procurement of raw materials Secondary Primary Secondary Primary
Procurement ofmachinery and
equipment Secondary Primary Secondary Primary
Production scheduling Yes Yes Yes Yes
Manufacturing Yes Yes Yes Yes
Inventory Control
-Raw materials
-Finished products
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Quality control Secondary Primary Secondary Primary
Sale and marketing No Yes Secondary Primary
Distribution No Yes Yes No
After-sales Service Yes Yes Yes No
Risk
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
R&D risk No Yes No Yes
Market risk High Low High Low
Inventory risk
- Raw materials
- Finished products
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Production risk Yes Yes Yes Yes
Product liability risk Yes Yes Yes Yes
Credit risk No Yes Yes No
Foreign exchange risk Yes Yes Yes Yes
Function, Risk, and Asset Analysis
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Asset
Manufacturing supply chain Manufacturing and
distribution supply chain
ALTC Related
Companies ALTC Related
Companies
Tangible assets Yes Yes Yes Yes
Intangible assets No Yes No Yes
Economic Analysis
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PwC 47
6. Economic Analysis
This part of the analysis deals with the understanding of ALTC’s business, and ALTC’s related
companies, together with the information obtained from the functional analysis to determine the
appropriate transfer pricing methodology to be used for determining the arm’s length nature of
ALTC’s operating results.
The economic analysis examines the significant features of ALTC’s relationship with related parties,
such as some of the unquantified benefits that might flow to each company, and if necessary, attempts
to quantify those benefits if adjustments are required to the benchmarking exercise to ensure
comparability.
This analysis also examines any current transfer pricing methods used. If the current method is
inappropriate, then an appropriate arm’s length transfer pricing method for evaluating the transfer
prices will be selected, with reference to the OECD Guidelines27 on transfer pricing and the Revenue
Department Instruction No. Paw. 113/2545 (“D.I. No. Paw.113/2545”).
By benchmarking uncontrolled companies transacting with other third parties, the results should
approximate the arm’s length margin ALTC should earn. The results will be evidence to justify the
arm’s length nature of ALTC’s actual margin.
The benchmarking exercise involves a search for companies, which are comparable to ALTC, a search
of their financial statements, and making any adjustments (based on the financial analysis, as well as
functional and economic analyses of ALTC) that may be required to ensure that the results are
comparable.
Information included in this part consists of the definition and analysis of transfer pricing methods,
the selection of the most appropriate method, and reasons for selecting the method.28 The study also
describes databases used in the comparables search and criteria and screening processes, as well as
the arm’s length range of operating profits of comparable independent companies.
6.1. Definition of Arm’s Length Standard
The OECD Guidelines adopt the arm’s length principle as the international standard for the evaluation
of inter-company pricing. Each party to an intra-group transaction must earn a reward from that
transaction similar to the reward that an independent party would have expected had that
independent party entered into the transaction. Accordingly, application of the arm’s length principle
entails a comparison of an internal transfer price to the prices realised in comparable transactions
between independent companies. If price data is not available, profitability data from independent
companies engaged in comparable transactions may be used to infer arm’s length pricing.
A controlled transaction meets the arm’s length standard if the results of the transaction are
consistent with the results that would have been realised if uncontrolled taxpayers had engaged in
comparable transactions under comparable circumstances.29 In order to be “comparable” to a
controlled transaction, an uncontrolled transaction need not be identical to the controlled transaction,
but must only be sufficiently similar that it provides a reliable measure of an arm’s length result.30 To
27 The Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations published by the Organisation for
Economic Cooperation and Development.
28 The adjustments are for comparability as there are differences in accounts receivable, accounts payable, and inventory
policies among companies.
29 OECD Guidelines (Revised 2010), Chapter I, Paragraph 1.1 - 1.13.
30 OECD Guidelines (Revised 2010), Chapter I, Paragraph 1.33 - 1.63.
Economic Analysis
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PwC 48
meet the arm’s length standard, a controlled taxpayer’s results need only be within the range of results
determined by the results of two or more comparable uncontrolled transactions.31 These concepts of
results, comparability, reliability and range are critical to the application of the arm’s length standard.
6.2. PricingMethodology
Like the OECD Guidelines32, the D.I. No. Paw.113/254533 provides specified methods for evaluating
the arm’s length nature of prices charged in inter-company sales or services. Three primary
approaches are outlined in the D.I. No. Paw 113/2545. These approaches are the Comparable
Uncontrolled Price, Resale Price and Cost Plus methods, collectively called Traditional Transaction
Methods. While these methods cannot easily be used, the OECD Guidelines endorse another two
approaches focusing on profitability, which are the Profit Split and Transactional Net Margin methods,
collectively called Profit-Based Methods. The arm’s length character of a controlled transaction must
be determined by applying one of these transfer pricing methods.
6.2.1. Traditional Transaction Methods
6.2.1.1. Comparable Uncontrolled Price Method
The comparable uncontrolled price (CUP) method is used for the transfer of tangible and intangible
property. It evaluates whether the amount charged for a controlled transfer of property or service was
appropriate by reference to the amount charged in a comparable uncontrolled transaction. The CUP
method will generally be the most direct and reliable measure of an arm’s length result of the same
property in substantially the same circumstances as the controlled transaction.
There are two types of CUP methods, internal and external. Internal CUP method exists when
transferring property or services to both a related party (i.e. the controlled transaction) and an
unrelated party (i.e. the uncontrolled transaction). In this case, assuming that the transfer to the
unrelated party concerns similar property or services and that the transfer takes place under similar
circumstances to the related party transaction, the prices paid in the uncontrolled transaction should
provide evidence of arm’s length pricing that can be applied to the controlled transaction. External
CUP method exists for transferring of property or services where it is possible to determine from
public sources the prices paid for the transfer of similar property or services between two unrelated
parties.
It is important to note, however, that the OECD Guidelines accept that if such exact comparable
transactions cannot be identified, other (broadly) comparable transactions may be used to apply this
method, even though the reliability of the analysis will be reduced.
6.2.1.2. Resale Price Method
The resale price (RP) method is used for the transfer of tangible property. It tests the arm’s length
character of a transfer price in a controlled transaction by reference to the gross profit margin (i.e.
gross profit divided by net sales) realised in a comparable uncontrolled transaction. The RP method
measures the value of functions performed and is ordinarily appropriate in cases involving the
purchase and resale of tangible goods in which the buyer/reseller (i.e. distributor) does not add
substantial value to the goods by physically altering them or by using marketing intangibles.
“The resale price method begins with the price at which a product that has been purchased
from an associated enterprise is resold to an independent enterprise. This price (the resale
31 OECD Guidelines (Revised 2010), Chapter III, Paragraph 3.55 – 3.66.
32 OECD Guidelines (Revised 2010), Chapter II, Paragraph 2.1-2.149.
33 Revenue Department Instruction No. Paw.113/2545 Clause 3.
Economic Analysis
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PwC 49
price) is then reduced by an appropriate gross margin (the “resale price margin”)
representing the amount out of which the reseller would seek to cover its selling and other
operating expenses and, in light of the functions performed (taking into account assets used
and risks assumed), make an appropriate profit”.34
A distributor’s gross profit provides compensation for the performance of the distribution functions
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