Transfer Pricing, Ethics and Governance Case Summary

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Gera International is a good established international trade name of beer that is ranked amongst the top three trade names of beer in the universe. With transit monetary values lifting. Gera International decided to buy a works in Antigua in 2005 and they renamed the subordinate. Caribbean Brewers. Inc. ( CBI ) . In 2008. the production installations of CBI were expanded and their productive capacity doubled. Furthermore. we are so introduced to Jason Joseph a production director who is unhappy and hard-pressed because along with the production doubling. he lost ownership in the company. fillips. and one-year dividends. JJ comes to us ( the fiscal adviser to the CFO ) and informs us that although the procedure of brewing their beer has non changed. the costs measuring system that is in topographic point is unjust to him and doing him to desire to discontinue. It is unjust to JJ because CBI uses a per centum of sale system. and this takes off from the control of the production employee because he has no control over gross revenues.

However. JJ explains how the quality of the beer is doing him to lose net income on transportation fees. Gera has complained about the quality of beer exported to other Caribbean states and they refuse to pay the transportation footings. JJ is positive that the consistence of the beer he exports is accurate and that the quality alibi is merely a ground for Gera to acquire off with non paying the fee. We have besides been provided with a missive from the Inland Revenue Department saying that we will hold our revenue enhancement filings reviewed for the old ages stoping – December 31. 2008. 2009. and 2010. In the undermentioned study we will turn to the lifting production costs. the public presentation measuring system. and study on any exposure and hazards associated with our upcoming revenue enhancement audit.

Rising Costss of Production

JJ focused on production cost per instance prior to the enlargement. Now. Gera International holds employees accountable for production cost as a per centum of gross revenues. which seems to be beliing the efficiency of production. From 2007 to 2010. entire production costs increased from about $ 27M to $ 56M. In add-on. gross revenues have increased from about $ 66M to $ 98. 5M. This shows an addition in production costs by 107 % while gross revenues have merely increased by 49 % . It appears that costs have been turning at a greater rate than gross revenues ; nevertheless. the bulk of the rise costs are from the exported Gera Beer where the $ 8 sedimentations can non be collected. Gera’s domestic beer sells for $ 50 per instance of 24. Their exported beer is invoiced for $ 25 per instance. With the domestic instances. Caribbean Brewers collects a bottle sedimentation of $ 8 per instance. but no sedimentation is invoiced to Gera Caribbean for exported Gera beer. Gera Caribbean invoices the islands of the eastern Caribbean for $ 50 per instance plus an $ 8 per instance sedimentation for bottles. Therefore. every bit long as bottle costs continue to be presented net of sedimentations. costs as a per centum of gross revenues should be expected to lift.

If CBI were to show their production costs in a format that showed bottle costs and sedimentation grosss individually. the format utilizing per centum of gross revenues would non look to be so hyperbolic. In add-on. if bottle costs were shown individually. a more efficient representation of production costs would be seen. Besides. the bulk of all other costs as per centum of gross revenues have been lifting since the enlargement in 2008. The difference in monetary values for domestic ( $ 50/case ) and exported ( $ 25/case ) has impacted the per centum of gross revenues. every bit good. The costs as a per centum of gross revenues increased as CBI began to sell Gera beer at $ 25/case because the cost per centum was greater than the per centum of the merchandising monetary value.

It is impossible to keep costs as a per centum of gross revenues when selling at a discounted monetary value. CBI is still generating net income per instance on the exported merchandises sold. This proves that per centum of gross revenues in non an accurate appraisal. If CBI’s internal statements included entire bottle costs they would demo the production has really decreased from a cost per instance from 2007 to 2010. Representing costs as a per centum of gross revenues is non the best manner to judge efficiency since it can disregard variables such as bottle sedimentations and discounted rates. which would demo jobs in production when in fact there are non any. Therefore. JJ’s statement on production remains true when he said that CBI has been runing as expeditiously. if non more. in the yesteryear.

Performance Measurement System for Production Personnel with Respect to Both Cost and Quality Control

JJ has complained on behalf of the public presentation measuring system because presently his fillip is based off of production cost being less than 43 per centum of gross revenues. JJ believes that the production installation is runing every bit expeditiously as. if non better. than it has before the enlargement. Due to this public presentation measuring JJ’s ownership when from 25 per centum to 8 per centum and he is losing fillips and one-year dividends.

As we analyze Figure 2. we have determined from a costs perspective that establishing production manager’s bonuses off of a per centum of gross revenues is unethical because he is non being based off of his “performance. ” For starting motors. in 2008. CBI expanded and began bring forthing Gera beer. which unlike other exported beer. does non roll up an eight dollar sedimentation fee. Following. from 2008 to 2009. CBI was hit with a $ 6. 128. 000 bottling fee due to the addition of production units. Our group so looked at their depreciation costs because it increased $ 3. 240. 000 from 2008 to 2009 due to the plant’s enlargement. JJ had no control of capacity duplicating nor was he involved in an increased depreciation disbursal. so we believe his fillip should non be based off of it. Entire production costs increased $ 20. 344. 920 ; entirely the bottle variable cost and the depreciation fixed cost entire addition was $ 9. 368. 000. ensuing in about 50 % of entire production costs addition.

If we had removed the addition of the two costs. the 2009 entire production costs would hold been $ 37. 842. 320 and this would hold merely been a 42. 96 % of gross revenues. JJ would hold still been a happy chap because he would hold met his threshold. From another position. fixed costs in general are typically non something that a production director can command ; nevertheless. CBI still includes these costs when sing the production manager’s fillips. The production director besides can non command how many instances are sold and how much the beer is sold for so by comparing the costs to gross revenues would do JJ to lose fillips if gross revenues were low. If we use the chart based off of gross border above and merely include variable costs. this public presentation measuring system would be a better word picture of how JJ and his production squad is executing ; nevertheless. by establishing things off of points they can non command this creates an environment where no 1 is motivated because their exclusive public presentation is non evaluated.

Following. we will measure the public presentation measuring system for production forces with regard to quality control. Gera International is declining to pay transportation because they believe that CBI is transporting hapless quality beer to their installations. Nevertheless. JJ has been a production director for decennaries and he is one of their maestro beer makers and has informed us that Gera is “making false allegations about the quality to warrant non paying for some of the cargos. ” JJ assures us that the procedure has non changed and that he has been more consistent than of all time. JJ besides mentioned that his local clients would hold complained had the quality of the beer decreased. We recommend that CBI and Gera come up with a quality study that they can hold upon review is the “Gera International Standard. ”

Vulnerability and Risks Associated with the Upcoming Tax Audited account

After fixing for the revenue enhancement audit we found that we may be capable to revenue enhancement punishments with the IRD. The undermentioned figure depicts an Antiguan revenue enhancement jurisprudence:

This revenue enhancement anti-avoidance subdivision lineations that any resident corporation that conducts concern with a non occupant concern and the concern conducted
causes the occupant concern to bring forth a lower net income that gives them the revenue enhancement vacation. could be capable to punishment for hedging revenue enhancements.

After reexamining Figure 4. we have discovered that all export gross revenues of Gera beer are made to Gera Caribbean. a wholly-owned subordinate of Gera International. which is located in a revenue enhancement free legal power. The Corporate Transaction Flow Chart depicts that CBI bills Gera Caribbean. but deliver straight to the clients of other islands. CBI domestically gross revenues a instance of Gera beer for $ 50. but the exported Gera beer is invoiced to Gera Caribbean for $ 25 and so Gera Caribbean invoices the other Islands for $ 50 plus the $ 8 instance sedimentation. To the hearer. this looks as if Gera International is trying to hedge revenue enhancements by selling the Gera beer for a net income from the revenue enhancement free state in Bermuda. when in fact they are distributing/selling the beer to the Other Islands heterosexual from Antigua ( where they would be capable to revenue enhancements ) . We have besides discovered that CBI may be seeking to get away the revenue enhancement liability by non including the bottle sedimentations for exported Gera beer.

We have found that “CBI collects a returnable bottle sedimentation of $ 8 per instance on domestic gross revenues and exported Tigua beer. Contrary to this normal concern pattern. no sedimentation is invoiced to Gera Caribbean for exported Gera beer. ” By non invoicing the $ 8 per instance on exported Gera beer. CBI could be looked at as seeking to use it towards the non-taxable Tiguan beer to hedge revenue enhancements. How Concerns Over Transfer Pricing Will Affect Minority Shareholders Our concerns sing transportation pricing will negatively impact minority stockholders. For illustration. JJ has seen non merely his portion sum lessening. but besides his dividends ceased as a consequence of the purchase of bulk portions from Gera. This perfectly wounded minority stockholders in his place. as it basically diverts the net incomes into the overall Gera Product. as opposed to his old interest in merely CBI beer.

In add-on. potentially the most of import factor comes from the bottle refunds. Whereas antecedently. the bottles were non factored in their cost. now they are now being expensed to the mill and aching the bottom line of CBI. How the Board May React to Adverse Consequences to Minority Shareholders In a perfect universe. we would wish to conceive of that all stockholders are unified in the nonsubjective growing of the company. Unfortunately. this is non ever the instance. such as here. In this instance. the transportation of the beer between islands and the new handling of bottle sedimentations is absolutely acceptable to the Board of Directors and therefore the bulk. but it perfectly affects the lesser stockholders. such as JJ. in a much more touchable manner.

The Gera acquisition is bad for minority stockholders such as JJ. and Gera needs to move in such ways as to maintain these employees satisfied. or hazard losing them to rivals. It might non be as strong of a move as delivery in dividends or anything to that grade. but employees like JJ. who were about earlier Gera. demand to be incentivized in similar agencies to how CBI operated. else Gera will lose them.

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