What Is Transfer Pricing and When Does a Small Business Need to Care?
Sam's List Editorial | 2026-08-14
Transfer pricing is the price one related entity charges another for goods, services, intangibles, or financing, and the IRS expects that price to match what two unrelated parties would have agreed to on their own. That expectation is the arm's length standard, and it lives in Internal Revenue Code Section 482 and the regulations under it. For a small business, transfer pricing stops being an abstraction the day it owns an entity in another country.
Most founders assume this is a Fortune 500 problem. The trigger is not size. It is common ownership across a border.
When a Small Business Falls Into Transfer Pricing Scope
Section 482 gives the IRS authority to reallocate income and deductions among organizations under common control when it determines that is necessary to reflect income clearly. Nothing in that authority depends on revenue, headcount, or how sophisticated the group is.
A twelve-person startup in Austin that owns a development company in Poland is in scope. So is a US business that formed a Canadian subsidiary to serve local customers, or a founder who parked software IP in one entity and licenses it to another.
What is generally not transfer pricing: paying an unrelated foreign contractor or an unrelated foreign vendor. Those transactions are between parties dealing at arm's length by definition, and while they raise other questions around withholding and information reporting, they are not intercompany pricing.
The line is ownership and control, not geography.
What the Arm's Length Standard Actually Requires
The regulations do not tell you what to charge. They tell you how to figure out what an unrelated party would have charged, using the method that produces the most reliable result under the facts, an approach usually referred to as the best method rule.
The common methods compare your intercompany transaction to comparable uncontrolled transactions, to the profit margins earned by comparable independent companies performing similar functions, or to a cost base plus an appropriate markup. Which is most reliable depends on what the entities actually do, what risks they bear, and what data is available.
For a US company that owns an offshore development or support team, a cost-based method is the usual starting point. The offshore entity is treated as a service provider, and the US parent pays its costs plus a markup meant to reflect what an independent provider of similar services would earn. The markup is not a number you pick from a blog post. It comes from the functions performed and comparable data, and the regulations also provide a services cost method that permits certain low-value services to be charged at cost when specific conditions are met.
Three Transfer Pricing Details Small Companies Miss
Intercompany agreements. There is often no contract at all between the two entities, because the same person controls both and it felt unnecessary. When the IRS examines the relationship, the absence of a written agreement means there is nothing describing which entity performs which functions or bears which risks. The examiner will characterize it instead, and their characterization is unlikely to be the favorable one.
A documented method. Someone picked a markup once, or worse, moved cash between entities as needed with no pricing at all. Documenting why a method was chosen, what comparables support it, and how the number was calculated is the difference between a defensible position and a guess.
Consistency. Charging cost plus 8 percent one year, cost plus 3 percent the next, and nothing the year after invites the question of what economic reality any of those reflected. Pick a method, apply it, and revisit it deliberately when the facts change.
What Happens If You Ignore It
Two things, and neither is catastrophic immediately.
The IRS can reallocate income between the entities, which typically increases US taxable income and creates tax and interest. Separately, Section 6662 provides accuracy-related penalties for substantial and gross valuation misstatements arising from Section 482 adjustments, at 20 percent and 40 percent respectively. Contemporaneous documentation prepared before the return is filed can support a defense against those penalties when it meets the regulatory requirements, which is a large part of why the documentation exists.
There are also information reporting obligations that ride alongside the pricing question. Form 5471 applies to US persons with interests in certain foreign corporations, and Form 5472 applies to certain US corporations with substantial foreign ownership or related-party transactions. These carry their own penalties and are missed even more often than the pricing itself.
The Practical Transfer Pricing Checklist for a Small Business
If you own an entity abroad, do four things. Write an intercompany agreement that describes what each entity does. Choose a pricing method with a qualified practitioner and write down why. Apply it consistently and book the intercompany charges in both sets of books so they actually agree. Confirm which information returns you owe and file them.
That is a defined project, not an ongoing burden, and it is meaningfully cheaper before an examination than during one. It is also genuinely specialized work, so the practitioner matters. You can compare accountants and fractional CFOs by specialty, including international tax, in the Sam's List directory.
Frequently Asked Questions
Does transfer pricing apply to small businesses? Yes. Section 482 applies based on common ownership or control across entities, not on company size or revenue. A small startup that owns a foreign subsidiary is subject to the same arm's length standard as a multinational, though the documentation effort is proportionally smaller.
Is paying a foreign contractor considered transfer pricing? Generally no. An unrelated foreign contractor is dealing with you at arm's length already, so there is no intercompany price to test. Those payments can still raise withholding and information reporting questions. Transfer pricing arises when you own or control the entity on the other side of the transaction.
What markup should I charge my offshore development subsidiary? There is no universal figure. Cost-based methods require a markup supported by what the entity actually does and by comparable data, and the regulations also permit certain low-value services to be charged at cost when specific conditions are met. A qualified international tax practitioner should select and document the method for your facts.
What are the penalties for getting transfer pricing wrong? The IRS can reallocate income between related entities, producing additional tax and interest. Section 6662 also provides accuracy-related penalties of 20 percent and 40 percent for substantial and gross valuation misstatements from Section 482 adjustments. Documentation prepared contemporaneously and meeting regulatory requirements can support a defense against those penalties.
About the author: Kimberly Green is the cofounder of Sam's List, where business owners and high earners find vetted CPAs, financial advisors, and fractional CFOs. She's met one-on-one with 400+ financial professionals and writes from the real data behind thousands of client-advisor matches. Ask her anything about finding an accountant - she's heard it all, including the questions people are afraid to ask.