Thank you for your thoughts. I understand your hesitancy, and I believe we have further discussion and even presentation, but I must disagree, pending further discussion. Transfer pricing is always a challenge, but particularly in Thailand, so I share your concerns. I do want to make very clear that transfer pricing, including transfer pricing true-ups, is very real. It is as real as transferring inventory between parties, and those true-ups need to be either invoiced and settled in cash, or they need to off-set other payables/receivables. The point I am trying to make, is under International Law, U.S. law, and local law, transfer pricing must be respected. In the event where one tax authority or another does not wish to respect these true-ups, there is a course of action available to companies.
Please allow me an example. In the current case, LVC (U.S.) is paying LVT (Thailand) a payment to ensure that LVT’s financials show the profit necessary under U.S., International law (and Thailand Guidelines, in the absence of law). Thus, LVC takes a tax expense in the U.S., and LVT must show taxable income in Thailand. If LVC takes a tax expense, but the Company’s related party (LVT) does not pay tax on the income. In such a case, LifeVantage would potentially be in the position of tax evasion or fraud. The IRS, and the Company’s independent auditors, would be extremely concerned about such a practice where tax deductions are being generated without a corresponding taxable income inclusion.
This is going to require some discussions with Thailand tax experts, and will require a formal memo and transfer pricing study. These will be expensive, and they benefit both parties, so we can discuss which party should bear the cost.