A Practical Approach to Benchmarking Intra-Group Performance Guarantees

Journal
Author
Bilaney, S.K.
Country
International
Published Date
Issue
Finance and Capital Markets (formerly Derivatives & Financial Instruments) 2022 (Volume 23), No. 4
FormatPDF
EUR
45
| USD
50 (VAT excl.)

Intra-group performance guarantees are commonly seen in industries such as natural resources, construction, defence and IT. They are also typically asked for in government contracts. The OECD Transfer Pricing Guidelines cover intercompany financial guarantees, but not performance guarantees. Accordingly, this article draws on the OECD Guidelines to provide practical guidance for the analysis of performance guarantees. Based on this analysis, it is concluded that the valuation-of-expected-loss approach is most suitable for determining the arm’s length price of performance guarantees.