Transfer Pricing is no longer a topic reserved for tax specialists. Today it directly concerns CFOs, controllers, administrative managers, and executive leadership, because it affects the group companies’ margins, profits, and performance and influences tax risk in the countries where the group operates.

Understanding the core principles of transfer pricing means being able to manage, in an informed way:

• intercompany prices (goods, services, royalties, financing);
• the economic consistency between functions and profits;
• transfer pricing documentation (Master File and Local File) and defensibility in the event of a tax audit.

What is Transfer Pricing?

Transfer pricing refers to setting the prices and economic terms for intercompany transactions, for example:

• the sale/purchase of goods (raw materials, semi-finished products, finished goods);
• the provision of services (administration, IT, HR, marketing, management fees);
• licenses and royalties for intangibles (trademarks, software, know-how);
• intercompany financing, guarantees, cash pooling, and centralized treasury arrangements.

The guiding principle is the arm’s length principle: the terms and conditions between related parties must be equivalent to those that would apply between independent parties under comparable circumstances.

In practice, the price should not be “convenient,” but defensible based on market logic and a sound functional analysis.

Functional analysis: the core of Transfer Pricing

Before even choosing an OECD method, you need to clarify “who does what” within the group:

• Functions performed (manufacturing, distribution, R&D, marketing, procurement, etc.)
• Risks assumed (market risk, credit risk, inventory risk, warranty risk, obsolescence risk, etc.)
• Assets used (facilities, human capital, systems, and especially intangibles).

This analysis determines the appropriate allocation of profits and helps select the most suitable transfer pricing method.

OECD Transfer Pricing Methods: What They Are and When to Use Them

The OECD Transfer Pricing Guidelines provide for several methods. In practical terms, the most commonly used are:

CUP (Comparable Uncontrolled Price)

It compares the intercompany price with the price charged in comparable transactions between independent parties. It is the most “direct” method, but it requires strong comparables (same type of goods/services, contractual terms, volumes, markets, and timing).

Resale Price Method

It starts from the resale price to an independent customer and derives an arm’s length margin for the distributor. It is commonly used for companies primarily engaged in distribution.

Cost Plus Method

It starts from the costs incurred by the provider (e.g., a service company) and applies an appropriate mark-up. It is often used for intercompany services, contract manufacturing, and low-risk activities.

TNMM (Transactional Net Margin Method)

It analyzes the net operating margin (e.g., ROS or a cost mark-up) by comparing it with that of comparable companies. It is among the most widely used methods because it often allows for more robust analyses even when “perfect” comparables are not available.

Profit Split

It allocates the overall profit among the involved entities based on objective criteria (contributions, functions, risks, and assets). It is particularly relevant where there are significant intangibles, high levels of integration, or complex value chains.

**How do you choose the method?** It depends on the quality of the comparables, the complexity of the transaction, the level of integration, and above all on functions, risks, and assets.

Recent developments and audit trends in Transfer Pricing

In recent years, tax authorities have been focusing on areas where the risk of challenge is higher:

Intangibles and the DEMPE approach

A key question is increasingly central: who develops, enhances, maintains, protects, and exploits the intangibles? The DEMPE framework is crucial to justify royalties, licenses, and profit allocation.

Intercompany financing and treasury

Scrutiny is increasing on:

• interest rates and spreads,
• implicit/stand-alone credit ratings,
• the economic substance of treasury functions,
• cash pooling and risk remuneration.

Intercompany services and low value-added services

Typical pain points include:

• demonstrating that the service was actually provided,
• the benefit to the recipient,
• allocation keys,
• an appropriate mark-up and a correct cost base,
• excluding duplications or unjustified “pass-through” costs.

Consistency with Pillar Two and accounting data

Many groups are seeking consistency between transfer pricing, accounting results, and tax metrics to reduce misalignments and “knock-on” risks.

Transfer Pricing Documentation: Master File, Local File, and CbCR

Transfer pricing documentation is a key line of defense: its structure and quality matter just as much as the numbers.

Masterfile

It describes the group: its structure, activities, intangibles, financing, and transfer pricing policy.

Local file

It provides a detailed analysis of the local entity’s transactions: functional analysis, benchmarking, methods, contracts, and results.

Country-by-Country Reporting (CbCR)

It provides a “country-by-country” view of revenues, profits, taxes, and substance indicators—also useful for cross-checks and risk assessment.

Transfer Pricing as a strategic lever (not just compliance)

A well-designed transfer pricing (TP) system:

• supports the group’s financial and business planning;
• clarifies the logic behind margin allocation;
• reduces internal conflicts within the group;
• improves the quality of dialogue with auditors and tax authorities;
• makes documentation updates more efficient.

FAQ — Transfer Pricing in Italy

What is the arm’s length principle in Transfer Pricing?

It is the principle whereby intercompany transactions must be carried out on terms equivalent to those that would apply between independent parties under comparable circumstances.

Which OECD methods are most commonly used in Transfer Pricing?

In practice, TNMM and Cost Plus are often used (for services and “routine” manufacturing), while CUP and Profit Split are more common when strong comparables are available or when significant intangibles are involved.

When is Transfer Pricing documentation (Master File and Local File) required?

When the group has material intercompany transactions and wants to manage risk and compliance: documentation supports the TP policy and, in many cases, helps secure protection in the event of challenges (depending on the applicable rules).

Which areas are most at risk of challenge?

Typically: intangibles/royalties (DEMPE), intercompany financing, intercompany services, and misalignments between profits and operational substance.

Is Transfer Pricing only a tax issue?

No. It affects budgeting, management control, performance by entity/business unit, and margin governance along the value chain.

Daniele Di Teodoro
managing partner