Companies redouble TP efforts over dispute fears

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Companies redouble TP efforts over dispute fears

justice-tp-disputes-600x375

Facing more scrutiny than ever, multinational companies are devoting a growing amount of resources to transfer pricing (TP) policy in a bid to avoid damaging court cases.

“It’s not just an occasional bolt-on to the day-to-day operations of a tax department,” one TP director at a British company said. “Managing the risk of disputes has become the number one priority for many tax leaders.”

The risks of getting caught off guard can damage profitability and cost a company its reputation. The tax authorities are also facing pressures over how to find the resources to deal with disputes, especially as many revenue services are underfunded. The costs are high for both parties as court cases can take years, or even decades, to conclude.

“This is at the forefront of what a corporate tax department does now,” the director said. “It’s not just about what could happen in the future.”

Despite fighting multiple cases in recent years, the IRS shows no sign of backing down from future US disputes. Even in jurisdictions, such as India, where the number of cases are in decline there is an increase in the complexity of the disputes.

The problem is that the heightened scrutiny and exposure that taxpayers face means many challenges are unforeseeable. TP disputes are only going to increase as more countries pursue unilateral action on measures like digital taxation, or decide to reassess the terms of an advance pricing agreement.

“We’re not just dealing with possible disputes over how to apply agreements,” the director said. “It’s about the fundamental concepts of where and how multinationals generate value and profit.”

“Multinationals are looking to articulate how they create value and what taxes they should be paying,” they said. “It’s meant to be fact-driven.”

Instead of a fact-driven process, there is more subjectivity involved in how certain aspects of new TP standards work in practice and this does not help reduce the risks for businesses. Even past deals going back decades are up for question.

In the cases of Medtronic and Coca-Cola, the taxpayers have had to defend their interpretation of past agreements with the revenue authorities and, therefore, APAs do not offer the guarantee they once did.

The onus is likely to fall on TP directors in the meantime because of the critical role transfer pricing plays in identifying where value is created and how it should be treated. But the world may be moving away from some of key concepts like the arm’s-length principle (ALP).

One vice president of TP at a tech company suggested that this cuts to the heart of the matter. “Every tax system needs longevity and stability to guarantee certainty for taxpayers,” the vice president said. “If you think the present tax system has longevity, you’re wrong.”

“We need consistency and a wide uptake to ensure consistency,” they added. “Going for a hybrid approach or switching between different models is not going to work.”

Many developed countries are enacting new measures on digital tax, but, at the same time, developing countries are raising their own demands on taxpayers. India has implemented its own equalisation tax to deal with the dilemma of how to tax the online economy. But it is far from alone.

There is a growing trend towards source-based taxation, which may mean many governments erode the ALP in favour of a different approach to profit allocation. Yet this is going on just as corporate tax rates are falling around the world.

“Source-based taxes increase economic inefficiency in the international tax system,” one tax director at a telecommunications company said. “You have to tax things that are immobile and consumers tend to be immobile.”

“This is why some people say corporate tax is dead and we should move to indirect taxes on consumption,” they said. “The problem is this would be regressive.”

The pace of change in international tax has raised more questions for taxpayers than ever before. As tax laws are reformed, the challenge is twofold. The tax authorities find themselves grappling with new rules and taxpayers often lack the precedents they need to prepare themselves for every eventuality.

more across site & shared bottom lb ros

More from across our site

Death, taxes and Deloitte hoovering up trophies at an ITR awards night. Isn’t that the saying?
AI, pillar two and joint audits could define the next era of tax controversy, says Baker McKenzie tax partner Ariane Calloud
Gregor McMillan of Howden explains how insurance-backed financing can help businesses and funds unlock liquidity from tax receivables and other contingent claims
The arrival of Alex Anderson swiftly follows that of funds tax specialist Stuart Alter and suggests the Tier 3-ranked firm has higher ambitions
One of the two appointments is EY’s Gordon McIntosh, who becomes the big four firm’s second senior tax departure in September
Balson's move from a Tier 1 practice to a Tier 3 competitor looks counterintuitive. The market data suggests it is anything but
Awards
It was another banner year for Deloitte, which picked up more awards than any other firm at a gala ceremony held at The Londoner in Leicester Square
The big four firm has been embroiled in a scandal over partners’ misuse of confidential board papers to pitch for and win corporate audits for Westpac and Dexus
Drawing on lessons from the PepsiCo case, tax lawyer Paul McNab explains why the ATO's latest royalty guidance should concern multinationals well beyond the technology sector
As pillar two exposes the limits of fragmented tax processes, organisations are rethinking their operating models to create the trusted data foundations that AI demands
Gift this article