Overview

To a thriving, multinational enterprise, a smart, fully integrated transfer pricing strategy is essential. To properly deal with intercompany revenue and expense allocations and to avoid costly audit disputes and penalties, these companies need an efficient and coherent multi-country transfer pricing policy that will set prices, document the methods used to establish them and, if necessary, defend prices on audit in multiple taxing jurisdictions.

Mayer Brown's transfer pricing lawyers are known for employing innovative techniques in all of these areas, as well as offering experience in negotiating advance pricing agreements and providing guidance on a worldwide basis. Our transfer pricing lawyers have broad experience in the representation of corporate taxpayers in audits, IRS Appeals and Competent Authority, as well as in the US federal courts. We also have extensive experience in the negotiation of Advance Pricing Agreements (APAs) with tax authorities around the globe. One of our partners founded the first APA program while he was at the IRS. International Tax Review has ranked several of Mayer Brown's partners among the leading transfer pricing advisors in the US.

With offices in the Americas, Asia and Europe, Mayer Brown can provide on-the-ground experience with the varying compliance and documentation rules worldwide, as well as local experience with tax administrations. In 2008, we launched our fully integrated European Transfer Pricing Centre, headquartered in Brussels, to coordinate transfer pricing strategies in the area. The breadth of practice experience, the ability to manage Pan-European projects and the concentrated EU focus of the Centre will ensure that each client's transfer pricing strategy is optimized on a multi-country level.

Mayer Brown's transfer pricing lawyers can also assist in developing a strategy for integrating your transfer pricing policy with the other aspects of your international tax planning.

Highlights

Praxis

  • National Semiconductor and Seagate Technology. Represented National Semiconductor and Seagate Technology in major transfer pricing cases involving their offshore manufacturing operations.
  • United Parcel Service and Overseas Partners Ltd. Litigated two related cases, United Parcel Service and Overseas Partners Ltd., regarding the tax treatment of income attributable to parcel insurance purchased by UPS's shippers. These complex cases involved several issues, including economic substance and transfer pricing issues. The Eleventh Circuit vindicated UPS's position on economic substance, reversing the Tax Court's holding on that issue, and remanding the case for further proceedings on the transfer pricing issue.
  • Confidential Clients. We are experienced with the I.R.C. § 6038A information reporting regulations for foreign-owned corporations and the I.R.C. § 6662 transfer pricing penalty regulations. We successfully defended one taxpayer against an attempt by the IRS to use I.R.C. § 6038A to force the company to translate thousands of pages of documents from Japanese into English.
  • French Company. Advised a French Group in the implementation of a European documentation in the format of the EUTPD, taking into account local requirements such as in Italy.
  • French Company. Drafted a risk assessment report for a French group with operations in several EU and non-EU countries addressing its documentation requirements.
  • French Company. Assisted a French group in deploying a comprehensive set of contractual arrangements for intra-group services (management, technology, IT) across Europe.
  • European Packaging Company. Assisted a major packaging company headquartered in Europe in a series of APAs renewals in the UK, France, the U.S., Australia, Japan, Korea and Mexico. This also includes drafting of transfer pricing documentation in non-APA countries.
  • Belgium Manufacturing Plan. Successfully negotiated a ruling for transfer prices affecting manufacturing plant in Belgium.
  • US Pharmaceutical Company. Assisted a US pharmaceutical company in the feasibility study of the new transfer pricing policy for distributors according to OECD, Belgian , German, Hungarian and EU framework.
  • US Pharmaceutical Company. Assisted a US pharmaceutical company in dealing with transfer pricing and VAT aspects of ERP global implementation projects and charging out to European affiliates.
  • US Pharmaceutical Company. Assisted a US pharmaceutical company in assessing customs and VAT impacts of its new resale minus policy.
  • US Pharmaceutical Company. Advised a U.S. pharmaceutical company concerning transfer pricing issues associated with establishing non-U.S. manufacturing operations.
  • US Electronics Company. Represented a US electronics company in connection with transfer pricing issues arising in connection with foreign manufacturing.
  • US Manufacturing Company. Assisted a US manufacturer in a US-Sweden APA involving intangibles and services and Sweden MAPs with affiliates in five countries.
  • US Software Company. Assisted a US software company in a transfer pricing audit involving double taxation of flows between France and Ireland.
  • Confidential Multi-National Company. Successfully negotiated APAs and APA renewals in Germany, France, and the United States for a multi-national company.
  • Confidential Clients. Developed and implemented new transfer pricing regimes throughout Europe, Asia, and North America.
  • Confidential Clients. Advised on double tax cases under the EU Arbitration Convention (Germany and the Netherlands).
  • Confidential Client. Negotiated rulings in Belgium and Luxembourg for inter-company services.
  • Confidential Client. Represented the Dutch subsidiary of a US-group in transfer pricing disputes for its activities as sales agent in Europe.