Kewal Krishan & Co, Chartered Accountants
Transfer Pricing
  • 2024-05-02
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In the interconnected realm of global commerce, understanding the nuances of transfer pricing is crucial for any multinational corporation, particularly small and medium enterprises (SMEs) looking to expand beyond domestic borders. This blog aims to demystify the complexities of transfer pricing and provide practical insights to ensure that Indian businesses can achieve both compliance and optimal tax efficiency.

Understanding Transfer Pricing

At its core, transfer pricing involves setting the prices for transactions between related entities within a multinational corporation across different tax jurisdictions. This practice is pivotal for managing the taxable base of a company’s foreign operations and minimizing global tax liabilities under the arm’s length principle. This principle demands that the transaction prices between related parties mirror those that would have been set between unrelated parties under similar circumstances.

Transfer Pricing Laws in India

India’s robust transfer pricing framework was established to curb tax evasion through mispricing and to align domestic regulations with international standards, such as those advocated by the Organisation for Economic Co-operation and Development (OECD).

Key Regulations:

– Sections 92 to 92F of the Income Tax Act: These sections lay down the statutory provisions for transfer pricing in India, requiring that all cross-border transactions with associated enterprises be conducted at arm’s length prices.

– Role of the CBDT: The Central Board of Direct Taxes provides guidelines and clarifications, ensuring compliance with both the letter and spirit of the law.

Methods of Transfer Pricing

Choosing the appropriate transfer pricing method is crucial for compliance and effective tax planning:

– Comparable Uncontrolled Price (CUP): Best suited for direct, straightforward transactions such as the sale of finished goods between independent parties.

– Resale Price Method (RPM): Typically used when a company buys a product from a related party and sells it to an independent party.

– Cost Plus Method (CPM): Often applied in manufacturing and service provisions where goods are sold between related parties.

– Profit Split Method (PSM): Ideal for joint ventures or when multiple parties contribute to the value creation, often used in integrated services or product development.

– Transactional Net Margin Method (TNMM): Focuses on net profit margin relative to costs, sales, or assets, providing flexibility in application across various transactions.

Documentation and Compliance

To ensure compliance with transfer pricing rules, rigorous documentation is required. This serves as proof that transactions are conducted at arm’s length and supports the rationale behind the transfer pricing method selection.

Essential Documentation Includes:

– Global Transfer Pricing Policy: A comprehensive document outlining the pricing policies applied to international transactions.

– Local File: Detailed transaction-specific documentation including contracts, pricing methodologies, economic analysis, and benchmarking studies.

– Master File: Provides a broader overview of the multinational group’s global business operations and transfer pricing practices.

Challenges in Transfer Pricing

Despite well-defined regulations, SMEs often struggle with several challenges:

– Complexity of Laws: Navigating through the complex web of domestic and international transfer pricing regulations can be daunting.

– Risk of Double Taxation: This occurs when two countries claim the right to tax the same transaction or income.

– Audit and Adjustments: Tax authorities may challenge transfer pricing arrangements and propose adjustments leading to significant tax liabilities.

Best Practices for Managing Transfer Pricing Risks

To effectively manage transfer pricing risks, SMEs should:

– Conduct Regular Transfer Pricing Audits: Regular reviews and audits can preempt compliance issues and facilitate corrective adjustments.

– Develop Comprehensive Transfer Pricing Documentation: Robust documentation defends against audits and adjustments from tax authorities.

– Engage with Transfer Pricing Specialists: Experts can provide guidance tailored to specific business models and transaction types, ensuring that policies are defensible and compliant with global standards.


For SMEs playing on the global stage, mastering transfer pricing is not just about compliance—it’s a strategic imperative that can define their international success. With careful planning, thorough documentation, and the right advisory support, businesses can navigate the pitfalls of transfer pricing and harness its potential to support global growth strategies.

Need Expert Guidance?

Navigating transfer pricing can be complex, but you don’t have to do it alone. For expert advice on optimizing your transfer pricing strategies and ensuring compliance, contact our COO, Anshul Goyal, at, or schedule a consultation by clicking with us today. Let us help you harness the benefits of global trade with confidence.


This blog post is intended for informational purposes only and should not be considered as legal, tax, or financial advice. Due to the complexity of transfer pricing and variations by jurisdiction, professional consultation is recommended. KKCA assumes no responsibility for any errors or omissions or for the results obtained from the use of this information.

FAQ Section

1. What is transfer pricing?
Transfer pricing refers to the pricing of transactions between associated enterprises under common ownership or control, especially across different tax jurisdictions.

2. Why is transfer pricing important?
It is crucial for ensuring that transactions with related parties are priced fairly and in accordance with international tax laws, preventing tax evasion and ensuring profitability is reflected accurately.

3. What are the key transfer pricing methods?
Common methods include the Comparable Uncontrolled Price, Resale Price Method, Cost Plus Method, Profit Split Method, and Transactional Net Margin Method.

4. How do I choose the right transfer pricing method?
The selection depends on the nature of transactions, availability of comparable data, and the specific business circumstances.

5. What is the arm’s length principle?
This principle requires that the terms and conditions of transactions between associated enterprises are equivalent to those that would have been made between independent enterprises.

6. What documentation is required for transfer pricing?
Documentation typically includes the transfer pricing policy, contracts, financial statements, and computations justifying the pricing methodologies used.

7. What are the consequences of non-compliance with transfer pricing rules?
Non-compliance can lead to substantial penalties, increased tax liabilities, and possible audits by tax authorities.

8. Can transfer pricing affect business profitability?
Yes, improperly managed transfer pricing can lead to inefficiencies and tax burdens that might negatively impact a company’s profitability.

9. How often should transfer pricing policies be reviewed?
Policies should be reviewed annually or whenever significant changes in business operations or tax regulations occur.

10. Who can help with transfer pricing compliance?
Tax professionals or consultants specializing in international taxation and transfer pricing can provide necessary guidance and support.

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