Transfer Pricing Tool
for Energy

Transfer Pricing for Energy: OECD Methodology

Transfer pricing for the energy sector is dominated by one transaction type: intercompany commodity sales. When an upstream exploration and production subsidiary sells crude oil, natural gas, or LNG to a related-party trading or refining entity, the pricing must be arm's length. The OECD Transfer Pricing Guidelines provide specific guidance on commodity transactions in ¶2.18–2.20 (updated in 2017 following BEPS Action 10), which states that the CUP method using quoted prices from recognised commodity exchanges or reporting agencies (Platts, Argus, ICE) is the most reliable method for pricing intercompany commodity transactions.

The deemed pricing date is a critical concept for energy transfer pricing. OECD ¶2.18 states that where the pricing date specified in the intercompany agreement is not consistent with the actual conduct of the parties, tax authorities may determine a deemed pricing date based on the evidence of the transaction's economic substance. This means that if an intercompany oil sale is booked at the Platts price on the loading date but the actual pricing agreement references the delivery date, the tax authority may challenge the pricing. Consistency between the contractual terms and the actual conduct is essential.

Beyond commodity pricing, energy groups face transfer pricing issues on shared technical services (geological, engineering, HSE), management fees, and increasingly on renewable energy transactions (power purchase agreements between related parties, carbon credit trading, green certificate allocation). For shared services, Cost Plus is the standard method with markups typically ranging from 5–10%. For integrated energy companies that operate across the value chain (exploration, production, refining, marketing), the complexity of determining arm's length prices for internal transfers can be considerable — particularly where vertically integrated operations make it difficult to isolate the profit contribution of each segment.

Recommended Method: CUP (Comparable Uncontrolled Price)

For energy entities, the cup (comparable uncontrolled price) is typically the most appropriate transfer pricing method. This tool pre-selects this method based on industry best practice and OECD guidance. Typical arm's length ranges for energy are 3–10%.

Typical Energy Intercompany Transactions

Intercompany commodity sales — Sale of crude oil, natural gas, LNG, refined products, or electricity between related parties. CUP using published commodity indices (Platts, Argus, ICE) is strongly preferred per OECD ¶2.18–2.20. Preferred method: CUP (Comparable Uncontrolled Price).

Shared technical services — Centralised technical services (exploration engineering, geological services, HSE management) provided to operating subsidiaries. Cost Plus for routine services. Preferred method: Cost Plus Method.

Management and administration fees — Head office charges for corporate governance, finance, HR, and strategy services. Cost Plus or TNMM depending on the nature and complexity of services. Preferred method: Cost Plus Method.

Regulatory Context

Energy TP is high-priority in resource-rich countries (Nigeria, Angola, Kazakhstan, Australia). OECD commodity transaction guidance (¶2.18–2.20) is mandatory reference. Transfer pricing for carbon credits and renewable energy transactions is an emerging area.

Limitation: This tool supports CUP for commodity pricing and Cost Plus/TNMM for services. For integrated value chain profit allocation or profit split between exploration and marketing entities, consult a specialist.