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Monday, March 4, 2024

NPIs Establish UAE Corporate Tax Arm’s Length Price Through TNMM. 1

In the intricate landscape of transactional profit methods, the Transactional Net Margin Method (TNMM) emerges as a pivotal approach for determining the arm’s length price. Delving into the details provided by the Organisation for Economic Cooperation and Development (OECD) guidelines and the Federal Tax Authority’s (FTA) transfer pricing guideline (CTGTP1), let’s demystify the TNMM.

Decoding TNMM

At its core, TNMM assesses net profit concerning a suitable base, like costs, sales, or assets, derived from controlled transactions. The key players here are the net profit indicators (NPIs) — ratios of net profit to the chosen base. Comparison of NPIs between controlled and uncontrolled transactions is essential. Harmonious NPIs indicate an arm’s length price, while disparities necessitate adjustments.

Principles of Comparability: NPIs

Staying true to the principle of comparability, aligning NPIs with transactions involving the same supplier or related/connected parties and third parties (internal comparables) is ideal. When internal comparables pose challenges, external comparables — reflecting net margins of independent enterprises in similar transactions — come into play.

TNMM in Action

TNMM application involves computing net profit, determining NPIs for controlled and comparable uncontrolled transactions, and making adjustments for open-market variations. While transactional-level application is recommended, acceptance of company-level application within similar product lines is permissible.

Functional Analysis Significance: NPIs

A critical aspect is functional analysis, which aids in understanding net profit margin. The functions performed impact operative expenses, and selecting the denominator for NPIs hinges on functions, risks, and assets involved.

Suitability and Shortcomings

TNMM stands out for its versatility, fitting various transaction types and accommodating functional differences effectively. Yet, it has its shortcomings. NPIs may be influenced differently than prices or gross margins. Challenges in accessing data on uncontrolled transactions and establishing corresponding adjustments may arise.

Caution and Priority

While TNMM proves valuable, businesses should tread cautiously, ensuring consistent bases for NPI calculations in controlled and uncontrolled transactions. Prioritizing traditional methods and resorting to TNMM only when traditional methods face limitations is a prudent approach.

In essence, TNMM, while a potent tool, demands careful application and consideration of alternative methods based on specific circumstances.

Mahar Afzal, Managing Partner at Kress Cooper Management Consultants, shares insights in this opinion piece.

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