Effect of Transfer Pricing on Corporation Tax Compliance Among Multinational Corporations in Nairobi Kenya
DOI:
https://doi.org/10.70619/vol4iss5pp1-12Keywords:
Multinational Corporations, Transfer Pricing, Corporate Tax ComplianceAbstract
Purpose: Tax is a compulsory contribution that is made by the citizens of a country to the government for the provision of public utilities. It is evident from the National Tax Policy, 2024 that the Kenya Revenue Authority (KRA) and the government at large have recently shown a lot of interest in multinationals due to the complexity of their operations and the tendency for them to come up with complex tax avoidance mechanisms. This has also been complicated by the widespread abuse of transfer pricing models adopted when dealing with multinational corporations operating in Kenya. This study looked into effect of transfer pricing on corporate tax compliance among multinational corporation companies in Kenya. The study was guided by the following theories, AS theory, the Slippery Slope Framework, and the theory of the planned behavior.
Methodology: The study employed an explanatory research design. The target population was 221 multinational corporations’ companies and a sample size of 142 respondents. Questionnaires were used to collect primary data and analysis was descriptive statistics include frequency, percentage, and mean while inferential statistics included correlation and multiple regression.
Results: The study findings found out most companies in Nairobi, Kenya have transfer pricing policies that are moderately but not adequately in line with domestic tax statutes. Most companies will use transfer pricing as a tool to reduce their tax liabilities. Further, KRA is moderately but not adequately efficient in monitoring and regulating transfer pricing practices in our company.
Conclusion: The study results concluded that transfer pricing affects corporation tax compliance Based on the findings, the study recommends there is a need for exchange of information and more international collaborative efforts from a policy, legal, and academic front to address aggressive tax avoidance practices from MNCs. Therefore, future studies can be conducted on the impact of Dispute resolution mechanism on corporation tax performance.
References
Allingham, M. G., & Sandmo, A. (1972). Income tax evasion: A theoretical analysis. Journal of Public Economics, 323-338
Beer, Sebastian, and Jan Loeprick. 2018. The Cost and Benefits of Tax Treaties with Investment Hubs: Findings from Sub-Saharan Africa. IMF Working Papers No 18:227, p. 1. Washington, DC: International Monetary Fun
Chen, W., R. Gouma, B. Los and M. Timmer. 2017. “Measuring the Income to Intangibles in Goods Production: A Global Value Chain Approach.” Economic Research Working Paper 36. Geneva: World Intellectual Property Organization
Garcia-Bernardo, J., & Janský, P. (2024). Profit shifting of multinational corporations worldwide. World Development, 177, 106527
Gupta, S. (2019). ‘Transfer Pricing’-An International Taxation Issue Concerning the Balance of Interest between the Tax Payer and Tax Administrator. An International Taxation Issue Concerning the Balance of Interest Between the Tax Payer and Tax Administrator (April 24, 2009). Company Law Journal, Forthcoming
Judicial Review (2023); Court of Appeal Case of Kenya Nut Company Limited v Commissioner of Domestic Taxes (Appeal 575 of 2022) [2023] KETAT 334 (KLR) (9 June 2023)
Kenya Revenue Authority. (2020) Annual Revenue Performance Report for 2019/2020 Financial Year
KRA (2021). Domestic Taxes Department: Value Added Tax at a Glance, Taxpayer Information and Education Services, KRA, Nairobi, Kenya.
OECD. 2021. Model Tax Convention on Income and Capital. OECD. http://www.oecd.org/ctp/treaties/2017-update-modeltax-convention.pdf. Accessed 5 February 2020
PwC, E. (2015). Transfer Pricing and Developing Countries: Final Report. 2012-01-01)[2015-1-11] http://ec. Europa. eu/europeaid/what/economic-pricing-study_en. pdf.
Saunders, M. Lewis, P. & Thornhill, A., (2021). Research Methods for Business Students. 5th ed. Prentice Hall, Pearson Education, Harlow, England
Slemrod, J., & Yitzhaki, S. (2000). Tax Avoidance, Evasion, and Administration. https://doi.org/10.3386/w7473
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Solonka Brian Pareno
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.