International tax and trading law.

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BF2301 NANYANG TECHNOLOGICAL UNIVERSITY 2017/18 SEMESTER 2 ASSIGNMENT (TAX SEGMENT) BF2301 – International Tax and Trading Law ASSIGNMENT GUIDELINES AND INSTRUCTIONS 1. The assignment contains a case study with four questions. Answer ALL four questions. Marks are allocated equally to the four questions. 2. The assignment carries 20% of your total course assessment marks. 3. The word limit for the assignment (total for all five questions) is a maximum of 1,500 words. Please adhere to the word limit. Indicate the number of words in brackets at the end of your assignment using word count. 4. The assignment will be graded for content and appropriate presentation. The emphasis is on the quality of the submission, not quantity. 5. The deadline for submission of the assignment is 9.00am on 2 April 2018. You MUST submit your assignment via Turnitin at the NTULearn course site for BF2301. 6. Any assignment not submitted via Turnitin by the deadline indicated above will NOT be marked. Therefore, to avoid any potential difficulties, e.g. due to technical malfunctions, it is highly advisable NOT to leave your submission until the last minute. 7. This is an individual (and not a group) assignment. Please provide your full name on the cover page of your assignment. 8. The school’s rules on Academic Dishonesty will apply. ASSIGNMENT CASE STUDY The Sling Group is a multinational group which purchases food commodities for processing and subsequent sale to customers worldwide. The ultimate parent company, Sling Inc., is incorporated and resident in the United States. Sling Inc. legally and economically owns all the trademarks, patents and brand names of the group. Managerial and reporting lines are organized according to the following geographical regions: Americas, Europe, Asia Pacific, Africa and the Middle East. To ensure consistency in the group’s purchases, certain key commodities are purchased by Sling Inc. from a single supplier, Slang Inc. (Slang). Slang is an unrelated supplier incorporated and resident in the United States. Sling Inc. purchases the commodities from Slang in US dollars and sells them to related parties in local currencies. Since Sling Inc. purchases large quantities from Slang, Sling Inc. obtains a substantial volume discount that is generally not available for other customers of Slang. There are 10 employees in Sling Inc. performing the purchasing function in relation to the purchases from Slang. Sling’s purchasing contracts with Slang are negotiated by these 1 BF2301 employees and approved by Sling Inc.’s senior management based in the United States. Existing purchasing contracts are reviewed and re-negotiated every 2 years by Sling Inc. Purchases are placed based on demand projections provided by processing facilities owned and operated by various Sling Group entities worldwide. Sling Inc.’s purchasing department also arranges for the transport and insurance-in-transit of the commodities purchased from Slang. Sling Inc. takes flash title of the commodities, before transferring ownership to the respective processing facility receiving the purchases. One such processing facility is owned and operated by Sling Thailand Ltd (Sling Thailand). Sling Thailand is a wholly owned subsidiary of Sling Inc. Sling Thailand owns all the physical assets it uses for processing, funded mainly through loans obtained from Sling Inc. Sling Thailand employs 20 staff at the processing facility, as the process is heavily automated. Sling Thailand also employs another 20 staff at its office premises to perform marketing and distribution functions for the local market. Currently, the only related party transactions recorded in Sling Thailand’s financial accounts are the purchase of food commodities from Sling Inc. The commodities purchased from Sling Inc. form about half of Sling Thailand’s total cost of goods sold every year. The current transfer pricing policy of the Sling Group is a target 2.5% operating margin to be earned by entities that own and operate processing facilities. The target operating margin is achieved by pricing the purchase of commodities from Sling Inc. You have been informed that a local market in Thailand exists for the same commodities purchased by Sling Inc and sold to Sling Thailand. You have also been informed that the Sling group has been performing well in recent years, largely due to its competitive pricing and reputation as a trustworthy supplier of quality processed products to customers. Assume that the United States and Thailand adopt transfer pricing rules that follow the 2017 OECD Transfer Pricing Guidelines. Required a) Prepare a functional analysis of Sling Inc. and Sling Thailand. Conclude your analysis by stating the functional characterisation of each entity. b) Evaluate the appropriate transfer pricing method in relation to the purchase of commodities by Sling Thailand from Sling Inc. Include in your evaluation why other transfer pricing methods are not appropriate. c) Explain the Master File - Local File concept, and advise the Sling Group on the main contents that should be present in the Master File and Local File in relation to the purchase of commodities by Sling Thailand from Sling Inc. d) Besides the purchase of commodities by Sling Thailand from Sling Inc., identify 3 other transfer pricing risks based on the information provided in the case study and advise the Sling Group on what it could do to mitigate each of these risks. 2
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Running head: CALICO CASE STUDY

1

Calico Case Study
Name
Institution
Date

CALICO CASE STUDY

2

a. Functional Analysis of Calico and Tortie for the year 2016
Functional analysis relates to breaking down a problem into various component functions
to make the relevant decisions. Calico Company appears to be a larger conglomerate, operating in
country X. It is more interested in spreading its operations and, thereby, seeks to enter the Y
market. However, from the start, the company appeared to be less willing to take part in the general
logistics that come with operating it in country Y. It, therefore, sought the services of Tortie
through buying it wholly. Tortie is charged with buying farm produce for Calico in country Y. As
operations develop, the Tortie is tasked with selling some of the products directly to third parties
without seeking the authorization of Calico. There is, therefore, the need to determine whether the
arrangement should continue about how both countries stand to benefit or lose.
As it relates to the management of the company, Calico has a huge influence over Tortie.
Most of the major decisions are made at the head office. The personnel at Tortie only receive
directives from Calico. Since Calico would be less informed about the situation on the ground as
it relates to the market in country Y, there is a chance that it would decide without bearing in mind
some of the changes that could take place and, thereby, impact negatively on its performance
(Wittendorff, 2010). However, the constant liaison between the staff at Tortie and the management
at Calico would aid to ensure that the right procedures are established with the aim of providing
both firms with the necessary profits.
About the marketing structure, Calico also appears to benefit as it is applying the services
of a company which is already conversant with the market. Tortie can, therefore, purchase the
different products from the market and ensure that they either reach the Calico warehouses or are
sold off to third-party companies (Wittendorff, 2010). The situation, therefore, shows that the
company has a chance to benefit. Tortie also benefits as it can retain its activities in the market.

CALICO CASE STUDY

3

The company, therefore, retains the capability to advise the staff from Calico on the right actions
to take to improve the performance of the entity in the country. As a result, since both companies
stand to benefit from the arrangement, there is a possibility for them to keep on engaging in the
business relationship.
b. Appropriate Price Transfer Pricing Method
Concerning the relationship that exists between the two companies, there is the need for
them to use the Comparative Uncontrollable price (CUP) method while having a third party sale
of products from Tortie to Calico. The CUP method is normally used for the comparison of prices
of goods or services that are transferred in a transaction that is controlled to a situation where a
transaction is not controlled. As a result, both Calico would bear the ability to determine the general
prices offered on goods (Wittendorff, 2010). The CUP method is applicable for both internal and
external transactions. Calico would, therefore, make a determination of the prices of goods in
Country Y as purchased by Tortie. The firm will, therefore, bear the ability to determine the price
that it will affix to its products while reselling them to have cut on the number of profits that it
stands to make in the long run.
The Resale Price (RP) method may not appropriate as the prices of agricultural
commodities tend to fluctuate from time to time. As a result, where Calico happens to use the
strategy to affix the price on the products while reselling them, it could create a major challenge
as it might fail to provide the right index on which it would attach the pricing (Wittendorff, 2010).
As a result, the company might end up fixing a price that would scale buyers and, thereby, creates
a huge challenge concerning ensuring that the firm does not experience a loss. The firm would,
therefore, need to establish some of the changes in prices that occur in the industry with the aim
of making the right decisions in regards to its transactional structure.

CALICO CASE STUDY

4

The Mechanism of Resale Price (MRP) method is also less appropriate as it is based on
reducing the price that is based on the company doing the reselling, such as Calico (Wittendorff,
2010). The exercise would, therefore, be less desirable, given the fact that it reduces the chances
of the company making the necessary profits after securing the goods.
c. Elements of Functional Analysis that would have changed in 2017
By sending the company two additional employees with the authorization to make
decisions, Calico can decentralize its decision-making aspect of running its operations in country
Y. The company is also able to retain the control of operations within the country. The staff is well
aware of the vision and strategic goals of the company (Wittendorff, 2010). As a result, they are
likely to make decisions that will be of benefit for Calico. The exercise also favors Tortie as Calico
makes the major decisions. Given the fact that Calico also caters to the cost of insurance and
shipping of the products, it happens to save Tortie a lot of costs that may be involved in the process.
The changes that would be applicable in 2017 may also see Tortie make more money as a
separate entity by being able to sell products to third parties without having them go through the
warehouse for Calico first. The process would be quite important as it will enable the company
makes the relevant marketing determination without seeking much advice from Calico
(Wittendorff, 2010). The two employees f...


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