TRANSFER PRICING AND BUSINESS PROFIT TAXATION OF MULTINATIONAL COMPANIES IN NIGERIA

ABSTRACT

This study is on transfer pricing and business profit taxation of multinational companies in Nigeria. The total population for the study is 200 staff of NNPC, Lagos state. The researcher used questionnaires as the instrument for the data collection. Descriptive Survey research design was adopted for this study. A total of 133 respondents made administrative staff, human resource managers, senior staff and junior staff was used for the study. The data collected were presented in tables and analyzed using simple percentages and frequencies

 CHAPTER ONE

INTRODUCTION

• Background of the study

Transfer pricing constitute the price determined for the sale of goods and services between a related and controlled organization. An illustration is when a subsidiary firm sells goods to a parent organization. When the parent organization pays for the goods the cost paid by the parent firm constitutes the transfer price.  Legal entities which operate under the control of a single corporation consist of those firms and their branches which are wholly or majorly owned ultimately by the parent corporation. Also firms are considered to be under common control if they share family members on their boards of directors. Transfer pricing can be used as a profit allocation method to allocate a multinational firms net profit (or loss) before tax to the countries where it does business. Consequently transfer pricing results in the setting of prices among firms of divisions within an enterprise. The use of transfer pricing multinationally   has a Tax advantage, but this is against the regulatory requirement of Tax collectors as they are against the use of transfer pricing for tax avoidance. This implies that if a company uses transfer pricing  they can book profits of goods and services in another country that may have a lower tax rate. But in some cases they can avoid tariff  on goods and services exchanged internationally in the transfer of goods and services from one country to another within an interrelated company transaction. The Organization for Economic Cooperation and Development (OECD), and auditing firms within each international location are responsible for international tax laws and audit financial statements according to the Arm’s length principle. Article 9 of the OECD Model Tax Convention is dedicated to the Arm’s Length Principle (ALP). The principle stipulates  that the transfer prices set between the corporate entities should be  in manner as If they were two independent entities. OCED has provided a framework   in the Transfer Pricing Guidelines which stipulate the details regarding the arm’s length price. The benefit of transfer price show that  the ALP is based on real markets and gives the governments and MNE a single international standard for the contracts that provide an allowance for various different government entities to collect their share of tax at the same time creating enough room for the MNE’s to avoid the double taxation. Transfer pricing helps in reducing the duty costs by shipping goods into high tariff countries at minimal transfer prices so that duty base associated with these transactions are low. Reducing income taxes in high tax countries by overpricing goods that are transferred to units in those countries where the tax rate is comparatively lower thereby giving them a higher profit margin.

• STATEMENT OF THE PROBLEM

Transfer pricing also possess some challenges. Disagreement among the organizational division managers often does ensue as to what should be the nature of   transfer policies. Also additional costs are encountered regarding the with the required time and manpower required to execute transfer pricing and designing the accounting system. Difficulties also arise as to estimating the right amount of pricing policy for intangibles such as services, since these departments do not provide measurable benefits. Dysfunctional behavior could also arise among managers of organizational units. Another matter of concern is the process of transfer pricing is highly complicated and time-consuming in large multi-nationals. Buyer and seller perform different functions from each other that undertakes different types of risks. For instance, the seller may or may not provide the warranty for the product. But the price a buyer would pay would be affected by the difference. The risks that impact prices are as follows. Financial & currency risk, Collection risk, Market and entrepreneurial risk, Product obsolescence risk, Credit risk

• OBJECTIVE OF THE STUDY 

The objectives of the study are;

1. To determine transfer pricing and business profit taxation of multinational companies in Nigeria.
2. To ascertain the relationship between transfer pricing and business profit taxation of multinational companies in Nigeria
3. To find the challenges of transfer pricing in multinational companies in Nigeria
   • RESEARCH HYPOTHESES

H₁:   there is no the relationship between transfer pricing and business profit taxation of multinational companies in Nigeria

H_O: there is the relationship between transfer pricing and business profit taxation of multinational companies in Nigeria

H₀²: there are no challenges of transfer pricing in multinational companies in Nigeria

H_0: there are challenges of transfer pricing in multinational companies in Nigeria

• SIGNIFICANCE OF THE STUDY

The study will be very significant to students and companies. The study shall elucidate on the nature and impact of Transfer pricing and business profit taxation of multinational companies in Nigeria. It will also serve as a reference to other researcher that will embark on this topic.

1.6 SCOPE AND LIMITATION OF THE STUDY

The scope of the study covers transfers pricing and business profit taxation of multinational companies in Nigeria. The researcher encounters some constraints which limit the scope of the study namely:

AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study

TIME: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.

payment