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

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
It continues a prolific spree of investment for the firm, after it launched in Indonesia, Thailand, Saudi Arabia and Japan in 2025
Booming APA statistics reflect the growing credibility of India’s TP framework and the country’s shift toward a tax certainty approach, ITR has heard
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
The latest edition of Taxing Times with ITR covers all the controversy from a dramatic period for the carve-out deal, and also dissects the big four's AI strategies
Hany Elnaggar examines how the OECD’s global minimum tax is reshaping PE concepts across the GCC, shifting the focus from formal presence to substantive economic activity
The combination between Ashurst and Perkins Coie, which will create a $2.8 bn law firm, is expected to close in Q3
The ‘highly regarded’ Stephanie Pantelidaki, who has big four experience, will be based in the firm’s London office
A co-operative working relationship with the UK tax agency has helped 'unblock entrenched positions' to the benefit of clients, Kara Heggs tells ITR
Gift this article