Transfer Pricing Tool
for Retail

Transfer Pricing for Retail: OECD Methodology

Retail and distribution companies are among the most common tested parties in transfer pricing analysis. In a typical multinational retail group, the limited-risk distributor (LRD) purchases goods from a related-party manufacturer or principal entity and resells them to third-party customers. Under OECD Transfer Pricing Guidelines, the LRD is typically the tested party because its functions are routine — it does not own significant intangible assets, does not bear inventory obsolescence risk beyond normal commercial levels, and does not perform significant value-adding activities beyond logistics and customer service.

The TNMM with operating margin as the Profit Level Indicator is the standard approach for benchmarking limited-risk distributors. Operating margins for LRDs in Europe typically range from 1% to 4% of revenue, depending on the products distributed, the level of marketing activity performed, and whether the distributor bears credit risk on receivables. Full-fledged distributors that perform significant marketing, hold inventory risk, and maintain customer relationships typically earn higher margins (3–5%) than stripped distributors or commissionaires (1–2%). The OECD's DEMPE framework (Development, Enhancement, Maintenance, Protection, Exploitation) is critical in retail — if the distributor is building brand value through local marketing, it may be entitled to a higher return than a passive reseller.

For retail groups with standardised products and observable market prices, the Comparable Uncontrolled Price (CUP) method may be applicable. This is particularly relevant for commodity-like retail products where third-party wholesale prices are publicly available or where the group sells the same products to both related and unrelated parties. However, CUP requires a high degree of comparability (OECD ¶2.14–2.20), which is often difficult to achieve in practice for branded consumer goods. Buy-sell arrangements, where the distributor takes legal title to inventory, must be distinguished from commissionaire structures where the agent sells on behalf of the principal — the pricing methodology and risk allocation differ significantly between these models.

Recommended Method: TNMM (Transactional Net Margin Method)

For retail entities, the tnmm (transactional net margin method) 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 retail are 1–4%.

Typical Retail Intercompany Transactions

Purchase of goods from manufacturing affiliate — Related-party distributor purchases finished goods from the group's manufacturing entity and resells to third-party customers. The distributor is typically the tested party as the least complex entity. Preferred method: TNMM (Transactional Net Margin Method).

Commissionaire arrangements — Distributor acts as a commissionaire selling on behalf of the principal. Revenue and risk allocation follow the contractual arrangement. OECD guidelines on commissionaire structures apply. Preferred method: TNMM (Transactional Net Margin Method).

Marketing and distribution services — Distributor provides marketing support or market development services to the principal entity. Cost Plus may apply for routine marketing services; TNMM for full distribution. Preferred method: Cost Plus Method.

Regulatory Context

Retail distribution structures are under increased scrutiny post-BEPS. Many EU countries have expanded PE definitions to capture commissionaire arrangements. Anti-fragmentation rules (OECD Action 7) may apply where distribution functions are split across multiple entities.

Limitation: This tool benchmarks distribution margins using TNMM. For retail groups where the distributor and principal share marketing intangibles, a profit split approach may be needed — consult a transfer pricing specialist.