What is Transfer Pricing?

Transfer pricing refers to the prices set for transactions between related parties — a company and its subsidiaries, associates, or group companies. The concern from a tax authority's perspective is that related parties can manipulate these prices to shift profits from a high-tax jurisdiction to a low-tax one.

Indian transfer pricing law (Sections 92 to 92F of the Income Tax Act, and Rules 10A to 10E) requires that all international transactions between associated enterprises be conducted at arm's length — i.e., at a price that would have been agreed between unrelated parties in comparable circumstances.

Which Transactions Are Covered?

Management fees: Fees charged by a foreign parent to its Indian subsidiary for shared management, HR, IT, or administrative services.

Software licences and royalties: Payments from the Indian subsidiary to the parent for use of software, IP, trademarks, or patents.

Intra-group loans: Interest paid or received on loans between the Indian entity and related foreign entities.

Service agreements: Marketing support services, technical services, BPO services rendered between group companies.

Cost allocation: Shared costs (R&D, corporate overheads) allocated across group entities.

Sale or purchase of goods: Trading transactions for physical goods between related entities.

When is TP Documentation Mandatory?

Aggregate international transactions above Rs. 1 crore: TP documentation (specifically a Transfer Pricing Study) is mandatory. There is no exemption below this threshold.

Form 3CEB filing: If international transactions exceed Rs. 1 crore, the Indian entity must file Form 3CEB (now Form 48 under the new Income Tax Act 2025) — a report certified by a CA — along with the income tax return by the extended due date of 31 October.

Local file documentation: Maintained on file and produced only if requested by the Assessing Officer during scrutiny. Must be contemporaneous — prepared before the ITR due date, not after receiving a notice.

The Arm's Length Methods

Indian TP law recognises six methods for determining the arm's length price:

Comparable Uncontrolled Price (CUP): Compare the controlled transaction price with the price in a comparable uncontrolled transaction. Most direct method; requires strong comparables.

Resale Price Method (RPM): Used for distribution transactions. Start from the resale price and work back by deducting an arm's length gross margin.

Cost Plus Method (CPM): Start from the cost of production and add an arm's length markup. Commonly used for manufacturing and service entities.

Profit Split Method (PSM): Split combined profits of related parties based on their relative contributions. Used for highly integrated transactions.

Transactional Net Margin Method (TNMM): Compare the net profit margin of the tested party against comparable uncontrolled companies. The most commonly used method in India — particularly for IT services, ITeS, and captive entities.

Other method: A residual catch-all where none of the above is applicable.

Penalties for TP Non-Compliance

Transfer pricing adjustment: If the AO determines the price is not arm's length, the difference is added to income and taxed. Interest under Section 234B/234C also applies.

Penalty for under-reporting (Section 270A): 200% of tax on under-reported income — applicable where the AO makes a TP adjustment.

Penalty for documentation failure (Section 271AA): 2% of the value of the international transaction if the taxpayer fails to maintain required documentation.

Penalty for failure to file Form 3CEB (Section 271BA): Rs. 1 lakh flat penalty.

The Safe Harbour Route

India introduced Safe Harbour Rules (Rule 10TD) to reduce litigation for routine, low-risk international transactions. Under the new Income Tax Act 2025, the safe harbours are:

IT and ITeS services (low-complexity): Operating profit margin of 15.5% or more on operating costs is deemed arm's length — no scrutiny.

Contract manufacturing: 8% or more on total costs.

Intra-group loans (INR): 1-year MCLR of SBI + 150 basis points.

Multi-year block (new): Safe harbour elections can be made for up to 5 years, reducing annual documentation burden.

Safe harbour is most relevant for Indian IT captive units and BPO/KPO entities that serve only the parent company. If your Indian subsidiary's margins are at or above the threshold, opting for safe harbour significantly reduces your TP compliance risk.

Advance Pricing Agreements (APA)

An APA is an agreement between the taxpayer and the Income Tax authority that fixes the transfer pricing methodology and price range for a specified number of years (up to 5 years, with rollback to prior years in bilateral cases). APAs are particularly valuable for:

Captive IT centres with complex cost-sharing arrangements.

Companies with significant intercompany IP licences or royalty payments.

Businesses that have historically faced TP adjustments during scrutiny.

India has a well-established APA programme under the CBDT. As of 2025, over 700 APAs have been signed. The process takes 12-24 months but provides certainty for 5+ years.

Need transfer pricing documentation or advisory for your Indian subsidiary? Our Expert team can help.

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Frequently Asked Questions
We have a small Indian subsidiary with only Rs. 50 lakh in management fees paid to the parent. Do we still need TP documentation?+
Strictly speaking, the mandatory documentation threshold is Rs. 1 crore in aggregate international transactions. Below that, you are generally not required to file Form 3CEB or maintain a formal transfer pricing study. However, it is advisable to maintain a contemporaneous pricing analysis because the tax authorities can still question the pricing if it does not appear to be at arm’s length.
What is the most common TP method used for Indian IT captives?+
The Transactional Net Margin Method (TNMM) is the most commonly used transfer pricing method for Indian IT captives, ITeS, and BPO entities. The Indian entity is typically selected as the tested party and benchmarked against comparable independent IT service companies using operating profit margins.
Can the Income Tax department reopen old years for TP scrutiny?+
Yes. Under Section 149 of the Income Tax Act, assessments can generally be reopened for up to 6 years from the end of the relevant assessment year, and up to 10 years in cases involving income escaping assessment above Rs. 50 lakh. Transfer pricing assessments are also subject to prescribed time limits for completion.
What is a country-by-country report (CbCR) and does it apply to us?+
Country-by-country reporting (CbCR) is a disclosure requirement applicable to multinational groups with consolidated turnover exceeding Rs. 5,500 crore (approximately EUR 600 million). If the group crosses this threshold, the Indian entity may have filing or notification obligations in India. Most mid-sized foreign subsidiaries are generally below this threshold.
We charge our Indian subsidiary a management fee of 5% of its revenue. Is this arm's length?+
It depends on the facts and benchmarking analysis. A management fee based on a percentage of revenue is common, but the company must demonstrate the actual services provided, the commercial benefit received, and whether comparable independent companies pay similar fees for similar services. A transfer pricing study helps establish whether the 5% fee is at arm’s length.
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