Margin Notes
Observations from the edges of Transfer Pricing Practice
Margin Notes is where we explore themes at the heart of the Transfer Pricing craft. These reflections are shaped by evolving guidance, economic undercurrents, and overlooked moments in economic analysis that can sharpen the formation of a policy or elevate documentation. Whether sparked by a headline, or inspired by long hours at the workbench, we bring insights with evident impact — always with clarity in mind. And, occasionally, with wit.
10 (More) Signs Your Intercompany Agreement May Be Stale
This Margin Note takes a deeper dive into intercompany agreements (ICAs) and focuses on what may be lurking within – or conspicuously missing from – key clauses. For tax teams catching their breath after compliance season, this may be an ideal moment to peek under the proverbial bonnet and assess whether ICAs for key related-party transactions are indeed still fit for purpose.
We have partnered with long-time collaborator Sandra Spector (of law firm TBD), a veteran international tax attorney, to add her perspective on contract construction and how gaps in an ICA may weaken both your tax and legal position. Sandra’s insights allow us to broaden the lens. She reminds us that ICAs are not merely just functional tools of the tax team, but rather, are a critical component of the operational fabric of a company.
Many tax teams know their ICAs need attention, but often don’t know where to start. We hope this guidance will either help you regain confidence in your ICAs, or muster the resolve to spend some quality time with counsel.
So, without further ado, “What’s in Your ICA?”