KW Economics prepares the economic analysis in tax and transfer pricing disputes involving businesses in South Dakota: the controlled transactions at issue, the functional analysis and comparables that test their prices, and a report written for the forum that decides the dispute, whether a federal tax forum, a state tax appeal, or a court in South Dakota, for either side.
A tax or transfer pricing dispute asks whether the prices one company in a group charged another for goods, services, intangibles, or loans match what unrelated parties would have agreed to, and how much income moves if they do not, answered from the intercompany agreements, the companies' conduct, and comparable transactions. Read the full tax and transfer pricing dispute analysis guide.
Federal tax forums test expert testimony under the federal rules of evidence, which the Tax Court applies by statute: whether the expert is qualified, whether the testimony rests on sufficient facts or data and on reliable methods, and whether those methods were reliably applied to the facts of the case. The commercial, shareholder, and matrimonial claims heard in South Dakota's courts are tested under its own standard, and a state tax appeal follows the rules of the forum that hears it. South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A transfer pricing report meets each of these inquiries by stating every method choice and naming the data behind every comparable.
Highest court: South Dakota Supreme Court. Federal venues: D.S.D. Court system: ujs.sd.gov.
A federal transfer pricing dispute applies the same statute and regulations wherever the business is based, but where it is based decides which appellate decisions govern: an appeal from the Tax Court ordinarily goes to the federal court of appeals for the circuit where a corporation has its principal place of business (for a business based in South Dakota, the Eighth Circuit), whose precedent the Tax Court follows, and a refund suit is filed in the federal district where the business is based or in the Court of Federal Claims. Whether South Dakota reallocates income between related companies under its own tax, requires royalties or interest paid to an affiliate to be added back, or combines affiliates in one return, and whether a commercial, shareholder, or matrimonial claim in South Dakota adopts an arm's length benchmark, are questions counsel confirms; the report presents the analysis so it can be applied under either party's position.
The same four steps apply to a tax or transfer pricing dispute involving South Dakota; the forum that hears the dispute and the rule of decision it applies decide how the result is used.
Federal income tax disputes over related-party prices are heard in the United States Tax Court or, on a refund claim, in a federal district court or the Court of Federal Claims; appeals from the Tax Court and the district courts ordinarily go to the federal court of appeals for the circuit where the business is based, and appeals from the Court of Federal Claims to the Federal Circuit. A dispute over South Dakota's own tax follows its administrative and appeal process. Commercial and shareholder claims in South Dakota that turn on an intercompany price are heard in the Circuit Court (General jurisdiction; 7 circuits across 66 counties; all civil, criminal, and domestic matters), with final appeals to the South Dakota Supreme Court, and a divorce in which one bears on income or the value of a business is heard in the court that hears divorce in South Dakota. Matters within federal jurisdiction proceed in the United States District Court for the District of South Dakota.
A federal transfer pricing dispute applies the same statute and regulations wherever the business is based, but where it is based decides which appellate decisions govern: an appeal from the Tax Court ordinarily goes to the federal court of appeals for the circuit where a corporation has its principal place of business (for a business based in South Dakota, the Eighth Circuit), whose precedent the Tax Court follows, and a refund suit is filed in the federal district where the business is based or in the Court of Federal Claims. Whether South Dakota reallocates income between related companies under its own tax, requires royalties or interest paid to an affiliate to be added back, or combines affiliates in one return, and whether a commercial, shareholder, or matrimonial claim in South Dakota adopts an arm's length benchmark, are questions counsel confirms; the report presents the analysis so it can be applied under either party's position. Federal tax forums test expert testimony under the federal rules of evidence, which the Tax Court applies by statute: whether the expert is qualified, whether the testimony rests on sufficient facts or data and on reliable methods, and whether those methods were reliably applied to the facts of the case. The commercial, shareholder, and matrimonial claims heard in South Dakota's courts are tested under its own standard, and a state tax appeal follows the rules of the forum that hears it. South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A transfer pricing report meets each of these inquiries by stating every method choice and naming the data behind every comparable.
Request a consultation on tax and transfer pricing dispute cases in South Dakota or call (201) 343-0700. Plaintiff and defense counsel.