Transfer Pricing: Is an Economist Needed?

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published

A tax or transfer pricing dispute needs an economist once the question is whether an intercompany price, or the profit it left in each company, matches what unrelated parties would have agreed to. That question arises when an examination team proposes an adjustment supported by its own economist, when an appeal or a Tax Court petition is in view, when a state challenges related-party royalties or fees, and when a commercial, shareholder, or divorce claim turns on a price set between affiliates. Counsel considering an economist should start with the intercompany agreements and the documentation for the years at issue, because the analysis starts there.

Checklist

  1. Identify the controlled transactions at issue: sales of goods, services, licenses of intangibles, or intercompany loans
  2. Gather the intercompany agreements, their amendments, and the transfer pricing documentation for each year at issue
  3. Establish the forum and its stage: examination, appeals, a Tax Court petition, a refund suit, a state tax appeal, or a civil case
  4. Note any notice of proposed adjustment, examination report, or opposing analysis already in hand
  5. Confirm whether an advance pricing agreement or a mutual agreement request covers any of the years

Questions to ask the economist

Timeline

Two to three weeks from the first call to a preliminary view of the issues, once the agreements, the documentation, and the opposing position are in hand. A full analysis follows the retention and records phases described on the services pages.

Required documents

Common pitfalls

Frequently Asked Questions

When does a transfer pricing issue justify a testifying economist?

When the dispute will be decided on an economic analysis rather than on a reading of the documents alone: an adjustment the examiners support with their own economist's report, an appeal or a petition in which the method or the comparables are contested, or a civil claim in which an intercompany price decides the amount at issue. A narrow dispute over whether a payment was made can often be resolved from the records without an expert.

Can the economist review the documentation before a dispute becomes formal?

Yes. A review during the examination can show whether the documentation supports the method it selected, where an examiner or an opposing expert is likely to press, and which records would answer the questions, and it can be done as consulting work before any decision about a testifying expert is made.

What does a preliminary transfer pricing review cost relative to a full report?

A preliminary review is a limited engagement built from the agreements, the documentation, and the financial statements, so it costs far less than a full analysis, which adds the functional analysis, the comparables search, the range, and the written report. The engagement letter states the fee basis for each phase, and counsel can stop after the review.

References

Request a consultation on Tax and Transfer Pricing Dispute or call (201) 343-0700. Plaintiff and defense counsel.