U.S. Transfer Pricing for Foreign and U.S. Businesses » Common Transfer Pricing Mistakes in the United States » Mistakes in Functional Analysis
A functional analysis is one of the most important parts of a transfer pricing study. It examines what each related company actually does, what assets it uses, and what risks it assumes.
The analysis should reflect the company’s real business activities rather than simply repeating the terms of an intercompany agreement. The IRS has emphasized that a strong functional analysis should connect the facts of the business to the transfer pricing method and explain how value is created within the group.
Common mistakes include:
For example, a company may describe a foreign affiliate as a limited-risk distributor, while the affiliate actually performs significant marketing, product development, or other functions. If the transfer pricing policy does not reflect those activities, the arrangement may attract scrutiny.
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