Cost-Plus Method

The Cost-Plus Method is one of the five primary transfer pricing methods outlined by the OECD Transfer Pricing Guidelines. It is used to determine the arm’s length price of intercompany transactions, particularly for services or products provided between associated enterprises. The method applies a standard markup to the costs incurred by the supplier, ensuring that the resulting profit margin reflects what would be expected if the transaction occurred between independent parties under similar circumstances.

Definition of the Cost-Plus Method

The Cost-Plus Method evaluates the appropriate transfer price for goods or services sold between related entities by adding a profit margin (the “plus” component) to the supplier’s costs. The markup percentage is typically derived from comparable transactions between unrelated parties, making the method ideal for simple manufacturing operations, contract services, or other straightforward, cost-driven business activities.

The method is suitable where the supplier adds relatively limited value or risk to the product or service, such as a contract manufacturer that only performs basic assembly work without taking on significant marketing or distribution risks. In practice, the accuracy of this method relies on the comparability of the transaction to third-party benchmarks.

Key Components of the Cost-Plus Method

  • Direct and Indirect Costs: The total cost base includes all expenses directly attributable to the production of goods or provision of services, such as labour, materials, and overheads.
  • Mark-Up: A profit margin is added to the total cost base to arrive at the transfer price. This markup reflects market norms and is typically established through benchmarking studies or reference to publicly available data.
  • Comparability Analysis: A critical component involves evaluating the markup in relation to comparable, uncontrolled transactions. Factors such as industry norms, geographic considerations, and functional similarities are assessed.

Practical Examples of the Cost-Plus Method

Example 1: Contract Manufacturing Arrangement

Company A, based in Germany, assembles electronic components for Company B, its parent company located in France. Company A incurs costs amounting to €1 million for labour, raw materials, and overheads. Using the Cost-Plus Method, a 15% profit margin—benchmarked from similar independent manufacturing operations—is added to these costs. The transfer price is then calculated as follows:
Transfer Price = €1,000,000 + (€1,000,000 * 15%) = €1,150,000.
This ensures Company A earns an appropriate return, compliant with transfer pricing regulations.


Example 2: Intra-Group Service Provision

Company C, a subsidiary in the UK, provides IT support services to other group companies. The cost of providing these services is £500,000, which includes salaries, software costs, and administrative expenses. Based on a comparability study, a 20% markup is applied. Thus, the charge for the services provided would be:
Transfer Price = £500,000 + (£500,000 * 20%) = £600,000.
This method ensures that Company C’s transfer pricing reflects market conditions.


Example 3: Distribution of Pharmaceutical Products

Company D, in Switzerland, produces and packages pharmaceutical products for its subsidiary, Company E, in South Africa. The production costs, including raw materials and labour, are ZAR 2 million. Applying a Cost-Plus markup of 10% derived from similar independent producers, the transfer price becomes:
Transfer Price = ZAR 2,000,000 + (ZAR 2,000,000 * 10%) = ZAR 2,200,000.
The markup aligns with industry norms, providing a defensible position against tax authority scrutiny.


Prominent Cases Involving the Cost-Plus Method

  1. Procter & Gamble Co. v. Commissioner of Internal Revenue: This case examined whether a subsidiary in a cost-plus arrangement had applied an appropriate markup in line with comparable industry standards. The court’s analysis emphasized the need for robust comparability data to justify the chosen profit margin.
  2. Dow Chemical Co. v. United States: The court evaluated the use of the Cost-Plus Method in a dispute over the transfer pricing of intermediate chemical products. The ruling highlighted the importance of ensuring that all relevant costs are included in the cost base and that the markup percentage is adequately substantiated.
  3. General Electric Co. v. Revenue Authorities: This case underscored the significance of functional and risk analyses in applying the Cost-Plus Method. The judgment stressed that failure to consider risk allocation between entities could distort the method’s accuracy.