KW Economics prepares transfer pricing analysis for divorce and marital dissolution matters venued in South Carolina: the income, valuation, and tracing questions the matter raises, the records that answer them, and a presentation built to the way South Carolina courts decide them. Either party.
In a divorce the transfer pricing question arises when a spouse's business trades with affiliates, often abroad, that the same owner controls: the prices it pays to or charges those affiliates decide how much profit the business reports, and with it both the income available for support and the value of the business in the marital estate. The economist identifies each related-party transaction from the ledger and the intercompany agreements, establishes the functions, assets, and risks on each side, measures the prices against comparable transactions or the returns of comparable independent companies, and restates the business's earnings by year. The restated earnings then feed the income determination and the valuation together, so the same profit is counted once, and the report presents the arm's length result as evidence of what unrelated parties would have agreed, for either spouse or the court to apply under the governing framework.
Economic analysis and expert testimony on whether the prices charged between companies under common control, for goods, services, the use of intangibles, and intercompany loans, meet the arm's length standard: the result unrelated parties would have reached in the same transaction under the same circumstances. The work delineates the transactions from the intercompany agreements and the companies' actual conduct, selects the most reliable method, documents the comparables and the arm's length range, and quantifies what the price moved, for tax examinations and appeals, Tax Court and refund litigation, state tax disputes, and commercial, shareholder, and divorce cases.
The business valuation is usually the largest and most contested figure in the marital estate, and the valuation date, the standard of value, the treatment of personal and enterprise goodwill, and the normalization of owner compensation each move it materially. Income available for support for a self-employed spouse can differ substantially from the reported figure once personal expenses paid by the business and cash flow retained in it are considered, and the owner compensation adjustment has to be carried consistently into the valuation and the income determination, because the same stream of earnings appears in both. Tracing outcomes depend on the completeness of the account records and on how the governing framework, whether equitable distribution or community property, treats commingled funds and the appreciation of separate assets during the marriage.
South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. A financial analysis for a divorce meets that inquiry by listing each normalization adjustment, valuation input, and tracing step with the record behind it.
Highest court: Supreme Court of South Carolina. Court system: sccourts.org.
Federal venues: District of South Carolina.
Whether South Carolina divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position.
We issue the final report in the form the forum requires and provide deposition and trial testimony, critique of the opposing transfer pricing analysis, and updated calculations as the record develops.
In a divorce the transfer pricing question arises when a spouse's business trades with affiliates, often abroad, that the same owner controls: the prices it pays to or charges those affiliates decide how much profit the business reports, and with it both the income available for support and the value of the business in the marital estate. The economist identifies each related-party transaction from the ledger and the intercompany agreements, establishes the functions, assets, and risks on each side, measures the prices against comparable transactions or the returns of comparable independent companies, and restates the business's earnings by year. The restated earnings then feed the income determination and the valuation together, so the same profit is counted once, and the report presents the arm's length result as evidence of what unrelated parties would have agreed, for either spouse or the court to apply under the governing framework.
South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. A financial analysis for a divorce meets that inquiry by listing each normalization adjustment, valuation input, and tracing step with the record behind it. Divorce and Marital Dissolution cases venued in South Carolina are heard in the Family Court (All domestic relations, juvenile, and adoption matters) and the Circuit Court (General jurisdiction; larger civil cases, felonies; two divisions, Common Pleas for civil and General Sessions for criminal matters), with final appeals to the Supreme Court of South Carolina. Matters within federal jurisdiction proceed in the District of South Carolina.
Whether South Carolina divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position. The report lists each normalization adjustment, valuation input, and tracing step with its source and shows the result under each spouse's position, so counsel can apply the South Carolina rules to a documented figure.
Request a consultation on Transfer Pricing or call (201) 343-0700. Plaintiff and defense counsel.