2. Multinational Transfer Pricing
Xerox’s using of arm’s length market price method for foreign transfers seems fair. The method conforms to the US tax laws and to the OECD guidelines, which are also adopted by many non-OECD governments, too. OECD has 30 member countries, while Xerox operates in more than 160 countries worldwide. Therefore, that would mean such a transfer pricing strategy carries a greater taxation risk than solutions tailored to each country. Xerox could suffer double taxation or penalties in some countries. Also, there are many different ways of calculating the arm’s length price. We can see three traditional methods introduced in the textbook: Comparable uncontrolled price method, Resale price method, and Cost-plus method. There are some other non-traditional methods that are based on OECD guidelines and may be accepted by US or some other foreign governments. For examples, the Profit Split method, the Transactional Net Margin method, or APA, Advance Pricing Agreement. Xerox may want to explore all the possible alternatives and choose the best method in determining the arm’s length price. We also suggest Xerox can use some outside consultants in dealing with the transfer pricing and regulation issues. Many big accounting firms, such as Deloitte and KPMG, provide these services. Xerox may consider using the transfer pricing software developed by these accounting firms. Some enterprise system providers, like Oracle, also have good transfer pricing software that may be very helpful for the companies.