Paul Sutton talks to Robin Hart – a Principal in Charles River Associates’ Transfer Pricing Practice, based in the San Francisco Bay Area – about the current status of Amount B. With an expected start date of 1 January 2025, and many important factors still unclear, it is a very significant challenge for many multinationals.

Paul and Robin’s discussion covers:

• A recap of what Amount B is intended to achieve, and progress so far
• A summary of the current situation
• What we know at this time, and some very significant questions that are still unanswered
• The incentives for some countries not to adopt Amount B, and some of the practical consequences that might result
• How multinationals should already be preparing
• Some of the challenges for multinationals in implementing Amount B
• Possible longer-term developments, including the Amount B approach being extended to other transaction types
• Key takeaways for MNEs who are affected by these issues.

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Paul Sutton talks to Mick Edmondson, who specialises in the project management of complex cross-border restructurings, including legal entity reduction / corporate rationalisation and digital transformation programs. They look at how to manage large-scale projects so that they deliver the intended results, the different methodologies that are appropriate in different situations, and some of the technology and tools that are available.

Paul and Mick’s discussion covers:

• The definition of a project, and what distinguishes this from ‘business as usual’
• The cost / benefit analysis of devoting time and resource to project management, as opposed to ‘just getting on with it’
• The crucial importance of bringing together all the key stakeholders at the start, and getting top-level buy-in
• A basic framework process that helps to avoid common pitfalls
• Some potential consequences of not completing each stage before moving on to the next
• The main project management methodologies, and when each is appropriate
• The key questions that a Head of Tax should address when considering starting a significant project
• Some of the technology tools that are available, and how to use them most effectively
• Key takeaways for people who are contemplating a large or complex project.

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Paul Sutton talks to Sam Barrett – Managing Director, Americas Operating Model Effectiveness, which is part of the International Tax practice at Ernst & Young LLP – about operating model effectiveness and global value chain projects. What are they, what do they try to achieve, and how can they be implemented successfully?

Paul and Sam’s discussion covers:

• What operating model effectiveness aims to achieve, and how
• The typical drivers behind operating model effectiveness and global value chain projects
• How the tax and transfer pricing teams should be involved
• The role of non-tax functions such as IT, HR and Legal
• General principles and methodologies that can be applied
• How to make sure that, after implementation, projects have actually achieved the intended results
• The main challenges for multinational groups’ tax functions over the next year
• Key takeaways for heads of tax and their advisers.

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Paul Sutton discusses the concept of Pareto optimality and its practical application in transfer pricing with Philippe Penelle, a Ph.D. economist with 25 years of TP experience.

Philippe specialises in the valuation of intellectual property and the pricing of contractual contingent and derivative provisions. He is a former leader of the Washington National Tax Transfer Pricing Office of a Big Four Accounting Firm, and a member of the board of the National Association for Business Economics Transfer Pricing Symposium held annually in Washington, DC.

Paul and Philippe discuss:

• What ‘Pareto optimal’ means in the context of controlled transactions
• The related concept of ‘moral hazard’, and how it featured in early OECD discussions regarding the BEPS project
• The implications for the four steps required when applying the arm’s length principle, including the role of agreements in substantiating Pareto optimality
• Examples of transaction types for which the concept of Pareto optimality can create great clarity
• Examples of how Philippe has used this concept to achieve better outcomes for his clients in transfer pricing challenges
• Key takeaways for heads of tax and transfer pricing practitioners when designing transfer pricing policies.

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Paul Sutton and Borys Ulanenko discuss the role of AI in benchmarking for transfer pricing, including the practical problems that AI can address, how AI can help TP professionals to demonstrate that their benchmark analyses are robust, and some common misconceptions around the use of AI.

Borys is the founder of ArmsLength.AI. This platform introduces AI solutions to complex tax challenges, streamlining data analysis and enhancing decision-making accuracy. Before ArmsLength.AI, he worked at Aibidia, focusing on digital solutions in the same field.

Paul and Borys discuss:

• The problems inherent in the benchmarking process
• The challenges that TP professionals face when creating benchmarking analyses
• The role of AI in addressing these issues
• Real-world examples of how AI can make benchmarking analyses that are more robust, and demonstrably so
• Examples of what ArmsLength.AI does for its clients, and its pricing models
• Common misconceptions around the use of AI, and what people should consider when assessing any AI tool on the market.

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Paul Sutton talks to Sue Bonney, an independent ESG adviser who works with senior people in some of the UK’s largest and most important organisations. In that role she helps business leaders to shape strategic responses to the responsible business agenda and ESG.

Paul and Sue discuss:

• Four ‘lenses’ through which to view ESG issues
• The right way to approach ESG in order to see tangible and useful results
• Her view on ESG scores, and in what respects they can be meaningful
• The relationship between ESG and the standards of tax governance which tax administrations such as the ATO require from corporates
• A specific example of a tax strategy statement published by a large corporate which Sue regards as well thought-out
• Key areas for action that Heads of Tax should consider
• What a ‘targeted intervention’ to help large corporates with their ESG might look like.

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The book, ‘Intercompany agreements for transfer pricing compliance: a practical guide’ was first published in March 2019.

A revised edition will be published in September this year. Paul Sutton talks about the reasons for writing the original version, the cases and developments since then which have prompted the update, and how the new version will be different.

Paul explains:

• Who the book is for
• What it is trying to achieve
• How the transfer pricing world (and the role of intercompany agreements) has changed since 2019
• The cases and other developments which the new version will cover
• Other differences between the updated and original versions of the book.

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Paul Sutton talks to Filippo Miotto, Transfer Pricing Director at BDO Australia, about the transfer pricing aspects of intangibles, particularly in the light of the ATO’s recently updated draft Practical Compliance Guidelines.

Paul and Filippo discuss a range of issues around the draft Practical Compliance Guidelines (PCG) issued by the Australian Taxation Office, including:

• Why intangibles tend to attract attention from tax authorities
• The context for the new PCG, and the ATO’s approach
• The structure, content and aims of the PCG
• The self-assessment reporting process, and the situations in which this is mandatory
• Examples of the types of arrangements that are likely to attract more scrutiny
• What sorts of evidence taxpayers may need in order to support their TP arrangements
• How other tax authorities’ requirements may develop in the near future
• Australia’s new Multinational Tax Integrity regime
• Key takeaways for groups and their advisers.

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Paul Sutton talks to Spencer Ho from RoyaltyStat, which recently became part of Exactera. RoyaltyStat is an industry-leading online database of royalty rates extracted from license agreements and interactive transfer pricing analytics.

Paul and Spencer discuss a range of issues around intra-group franchising arrangements, including:

• a high-level perspective on how franchises work as between unconnected third parties
• the key documents involved
• the key elements of the financial arrangements
• what information is available for the benchmarking of intra-group franchise arrangements
• what factors transfer pricing practitioners should consider, in addition to the headline royalty rates.

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Paul Sutton and Paul O’Regan discuss the contractual allocation of risk in transfer pricing. The discussion includes an explanation of why functional analysis alone is not sufficient to delineate transactions for transfer pricing purposes; examples of specific contractual clauses that can deal with risk, and how these relate to each other; and three other key factors which must be taken into account.

Paul Sutton gives a detailed overview of contractual allocation of risk in transfer pricing. The discussion looks at:

• The definition of risk, for transfer pricing purposes
• What the legal documentation is trying to achieve
• The role of contracts in allocating risk
• Examples of contractual clauses that deal with risk
• The other factors that must be considered
• The potentially serious consequences of getting it wrong
• Common mismatches between TP documentation and agreements
• Key takeaways for transfer pricing professionals.

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