As U.S.-based small and mid-sized enterprises (SMEs) grow internationally—whether through overseas subsidiaries, remote teams, or foreign clients—they find themselves navigating an increasingly complex global tax landscape. What was once the domain of multinational giants is now very much a concern for SMEs. Cross-border tax compliance and transfer pricing rules now apply at much earlier stages of growth.

At Anbac Advisors, we specialize in helping U.S.-based businesses confront these issues with confidence. We offer tailored solutions that align with both international best practices and the practical realities of growing organizations. This article explores why transfer pricing matters to SMEs, what’s at stake, and how our methodology helps clients stay compliant and scalable in a fast-changing regulatory world.

What Is Transfer Pricing and Why It Applies to SMEs

Transfer pricing refers to the pricing of transactions between related entities within the same corporate group, across borders. These transactions may include services rendered, licensing of intellectual property, sales of goods, or loans and financing arrangements. Regardless of size, any business with affiliated operations in more than one country is subject to these rules.

In the U.S., such transactions must comply with Section 482 of the Internal Revenue Code, which mandates the use of the “arm’s length” principle. This means that the pricing of intercompany transactions must reflect what independent third parties would agree upon in similar circumstances.

Internationally, the OECD’s Transfer Pricing Guidelines and the Base Erosion and Profit Shifting (BEPS) framework have harmonized global standards and increased compliance expectations. Many countries now require robust documentation, detailed financial analysis, and formal intercompany agreements—even for relatively small firms.

Unfortunately, many SMEs assume that transfer pricing rules don’t apply to them, or that regulators will overlook their noncompliance due to their size. This is no longer the case. Tax authorities globally are sharing information more efficiently, enforcing documentation rules more strictly, and applying penalties more broadly than ever before.

The SME Compliance Gap

One of the primary challenges facing SMEs is a lack of internal infrastructure to manage international tax obligations. While large companies typically have dedicated tax teams or external law firms, SMEs are often managing expansion, hiring, and compliance simultaneously—with limited resources and bandwidth.

Intercompany pricing is frequently handled informally, with internal cost allocations or flat markups applied inconsistently across markets. In many cases, intercompany transactions are not documented in formal agreements, and transfer pricing reports are either missing or prepared retrospectively, only in response to audits or funding rounds.

This ad hoc approach can lead to significant risks, including tax audits, income adjustments, double taxation, and reputational damage. Even where no penalties are imposed, the cost of resolving disputes or restating past filings can be substantial.

Anbac Advisors’ Transfer Pricing Framework for U.S. SMEs

Recognizing these constraints, Anbac Advisors offers a structured but flexible approach that allows SMEs to meet compliance standards without overwhelming their operations.

We start by conducting a functional and risk analysis, identifying how each legal entity contributes to the business. We examine which parties are responsible for key decisions, who bears financial and operational risks, and which entities own or develop intellectual property. This analysis is central to determining how profits should be distributed within the group and how services should be priced.

Next, we perform economic benchmarking using global databases such as Orbis, RoyaltyStat, and ktMINE. These tools help us establish market-based comparables for pricing services, licensing intellectual property, and determining markup ranges for various transactions.

Once the data is in place, we design a transfer pricing policy that fits the client’s structure and scale. The policy outlines pricing methodologies based on globally recognized models like the Transactional Net Margin Method (TNMM), Comparable Uncontrolled Price (CUP), Resale Price Method, or others depending on the transaction type. We also prepare the necessary intercompany agreements and reports to support this policy.

Crucially, we ensure that all documentation is contemporaneous—that is, prepared in real time and aligned with both U.S. and local regulations in other jurisdictions where the company operates.

Meeting U.S. Regulatory Expectations

In the United States, transfer pricing compliance is enforced under Section 482 and supported by a set of documentation requirements. Companies that fail to comply can face penalties of up to 40% of the underreported income, depending on the severity and nature of the infraction.

Beyond pricing itself, U.S. SMEs with international activity may also be required to file information returns such as:

• Form 5471 for U.S. persons with interests in foreign corporations,
• Form 5472 for foreign-owned U.S. entities,
• and Country-by-Country Reporting (CbCR) if part of a larger multinational group exceeding $850 million in consolidated revenue.

We help our clients assess and meet these requirements in advance, rather than reactively. Our approach integrates IRS documentation standards into their annual compliance calendar and accounting processes, reducing last-minute errors and oversight risks.

Complying Internationally: Adapting to Multiple Jurisdictions

Transfer pricing rules may be based on common OECD standards, but their implementation varies widely across countries. In practice, this means a business operating in five countries may be required to meet five different sets of documentation requirements, disclosure formats, or filing timelines.

Some jurisdictions demand local-language reports; others require annual updates, electronic filings, or transaction-level detail on related-party dealings. Penalties for late or incomplete documentation can range from monetary fines to denied deductions or enforced re-pricing.

To manage this, we create a globally consistent policy framework that can be adapted for local filing needs. We maintain close coordination with local counsel and tax agents, ensuring our clients meet their compliance obligations without duplicating effort or risking inconsistency.

Technology-Enabled, Cost-Efficient Delivery

We understand that most SMEs can’t afford to build a full-scale tax function. That’s why our delivery model combines professional expertise with digital tools that make transfer pricing compliance achievable at a fraction of traditional costs.

We use automated documentation software to generate OECD-aligned reports, cloud-based data platforms for collecting and analyzing financial inputs, and secure portals for document exchange and collaboration. This allows clients to remain in control of their data and timelines while benefiting from Anbac’s technical review and strategic oversight.

Our solutions are modular, so clients can start with essential documentation and expand as they grow. Whether preparing for an audit, fundraising round, or market entry, our systems can scale with their business.

Strategic Benefits Beyond Compliance

It’s important to recognize that transfer pricing is more than just a compliance exercise. When approached strategically, it can bring valuable operational and financial clarity.

A clear pricing model enhances transparency in cross-border cash flows, facilitates performance tracking across business units, and supports internal budgeting. It also prepares the company for due diligence processes during mergers, acquisitions, or funding events.

For example, documenting the rationale for IP licensing or centralizing high-value functions can help optimize the group’s overall tax position while reinforcing governance and accountability. In this way, transfer pricing supports better business decisions, not just audit protection.

The Case for Early Action

Many SMEs delay transfer pricing compliance until they receive a request from auditors or investors. But by then, the costs of fixing issues can be much higher. Missing documentation, inconsistent pricing history, or inadequate agreements can complicate audits, delay transactions, and require expensive restatements.

By addressing these matters early—ideally at the time of international expansion—companies can avoid retroactive fixes and build scalable systems that serve them in the long term.

At Anbac Advisors, we encourage clients to treat transfer pricing as a core part of their international operating model. This proactive approach not only ensures legal compliance but also promotes stability, efficiency, and confidence among stakeholders.

Conclusion: Building a Strong Global Foundation

Global tax and transfer pricing rules have evolved to catch up with the fast pace of modern business. SMEs are no longer exempt from the kinds of documentation and policy expectations once reserved for larger firms.

By adopting a structured, well-supported approach to transfer pricing, SMEs can protect themselves from regulatory risks, support their international strategy, and lay the groundwork for sustainable, scalable growth.

Team Anbac Advisors