The danger of non-arm’s-length management fees

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

The danger of non-arm’s-length management fees

audit50.jpg

Management fees present particular difficulties for taxpayers. Whenever an asset management service is performed by a resident of one jurisdiction for a recipient in another there are transfer pricing implications.

It is understandable that revenue authorities focus so intently on intra-group management fees consideringthe tax planning opportunities available to taxpayers to lower taxable income by increasing expenses in another jurisdiction.

However, as long as the compensation for these intra-group services can be well-justified on the company’s transfer pricing documentation, these intra-group arrangements can form part of a company’s legitimate tax planning tool box.

A company needs to consider the tax implications on both sides of a transaction because, if adverse tax implications were to arise on any side, group profits can be affected; and so implementing a management-fee policy is advised, ensuring arm’s-length payment at all times.

Designing a policy

audit150.jpg

The OECD recommends taxpayers determine whether the activities undertaken by a parent company or group services centre genuinely constitute intra-group services (as in whether the payer is receiving a benefit); and then work out how to determine an arm’s-length measurement for the service in light of the benefits received.

The OECD states that a service has been rendered only if the activity provides the respective group member with economic or commercial value that might conceivably enhance the recipient's commercial position. Justification can be brought if it is considered an independent enterprise and would be willing to pay for that service under the same circumstances.

Difficulties arise, however, when it comes to services rendered that are not necessarily chargeable. The OECD stipulates the following services that may fall into this bracket:

  • Shareholder / custodial activities;

  • Duplicative services;

  • Services that provide incidental benefits;

  • Passive association benefits; and

  • On-call services.

Getting answers

As revenue authorities organise and distribute their resources for revenue collection, particularly in terms of transfer pricing, different issues become more of a focus.

International Tax Review and TPWeek are hosting a Global Transfer Pricing Forum on September 24 & 25 in Paris where the issue of management fees, in BRICS and developed countries, is the focus of a panel debate.

Including speakers from GE India, Alstom in France, and advisers from Russia, the US and the Netherlands, the panel will discuss how taxpayers should charge management fees in BRICS countries; what the real global issues are; and what the particular focus of tax authorities is now.

more across site & shared bottom lb ros

More from across our site

Projected revenue losses and exemption requests are harming the project’s capability and viability
HMRC secured lengthy prison sentences in a major payroll VAT fraud case, while law firms announced tax promotions and hires
Significant changes include an update to profit markers and an alteration to how an ‘inbound distributor’ is defined
ITR sat down for a pre-event interview with Tim Zech, WTS Germany, and Jeff Soar, WTS UK, keynote speaker at next week’s ITR AI in Tax Forum 2026 in London
Brazil’s bid to seek US-style exemptions from pillar two is ‘highly advantageous’ for multinationals, ITR has also heard
India is signalling flexibility on expat taxation to attract foreign expertise, though employers will need to navigate disclosure, treaty and scope uncertainties
Brazil is trying to follow in the US’s footsteps and secure its own 'qualified side-by-side status', ITR understands
The surge in probes comes as the UK tax authority seeks to close a VAT gap of £11.4bn from last year, Pinsent Masons’ research has suggested
ITR’s survey data reveals widespread client disappointment with firms’ use of technology but our upcoming AI in Tax event offers advisers a chance to flip the script
Firms announced key tax partner hires across the US and UK, while fintech and software providers revealed board appointments and new tools for multinational tax teams
Gift this article