Transfer Pricing and Business Restructuring: Implications and Compliance for Nigerian MNEs.

Business Restructuring - Hexavia Academy


Business restructuring is a strategic decision often made by multinational enterprises (MNEs) to optimize their operations, improve efficiency, or adapt to changing market conditions. For Nigerian MNEs engaged in cross-border transactions, especially those undergoing business restructuring, it is essential to consider the implications of these changes on transfer pricing and ensure compliance with Nigerian tax laws and international regulations. In this article, we will explore the challenges and compliance considerations for Nigerian MNEs involved in business restructuring activities.

The Dynamics of Business Restructuring:

Business restructuring can take various forms, including mergers, acquisitions, divestitures, and changes in the supply chain. Nigerian MNEs may engage in these activities to expand market presence, reduce costs, enhance competitiveness, or respond to regulatory changes.

Challenges in Transfer Pricing for Business Restructuring:

Nigerian MNEs may encounter specific challenges when managing transfer pricing during business restructuring:

  1. Valuation Complexity: Determining the fair market value of assets transferred or restructured can be complex, especially for intangible assets.
  2. Functional Analysis: A comprehensive functional analysis is necessary to identify and document the functions, assets, and risks associated with the restructured business units. This analysis forms the basis for determining the appropriateness of pricing.
  3. Comparability Analysis: Demonstrating that transfer pricing arrangements post-restructuring are consistent with what unrelated parties would agree to under similar circumstances can be challenging. Comparable data may be limited.
  4. Documentation Requirements: Adequate documentation of the restructuring, including pricing methodologies, functional analyses, and any other information that supports transfer pricing decisions, is crucial to demonstrate compliance with transfer pricing regulations.

Compliance Considerations for Business Restructuring:

To effectively manage transfer pricing compliance during business restructuring, Nigerian MNEs should consider the following:

  1. Valuation Expertise: Engage valuation experts with experience in valuing assets, including intangible assets, to determine their fair market value accurately.
  2. Functional Analysis: Conduct a detailed functional analysis of the restructured business units to identify and document the functions, assets, and risks associated with their operations. Understand the value drivers post-restructuring.
  3. Documentation: Maintain comprehensive documentation that outlines the terms of the restructuring, transfer pricing methodologies, functional analyses, and any other information supporting transfer pricing decisions.
  4. Comparability Analysis: When conducting a comparability analysis, explore alternative data sources specific to post-restructuring transactions, such as industry-specific benchmarks or case studies.
  5. Advance Pricing Agreements (APAs): Consider negotiating APAs with Nigerian tax authorities to pre-determine the pricing of post-restructuring transactions. APAs provide certainty and reduce the risk of disputes.

Challenges and Regulatory Environment:

Nigerian MNEs should stay informed about regulatory developments related to transfer pricing in business restructuring. Tax authorities may issue guidelines or regulations specific to these activities, which could impact compliance requirements.


Business restructuring is a strategic move that can significantly impact the financial and operational aspects of Nigerian MNEs. As these entities undergo restructuring, it’s imperative to prioritize transfer pricing compliance. By engaging valuation experts, conducting comprehensive functional and comparability analyses, maintaining detailed documentation, and considering APAs, Nigerian MNEs can effectively manage transfer pricing during business restructuring. This not only ensures compliance with Nigerian tax regulations and international standards but also supports their strategic objectives. Transfer pricing compliance in business restructuring helps Nigerian MNEs navigate the complexities of these activities while positioning themselves for success in the global business landscape.

For professional advice on Accountancy, Transfer Pricing, Tax, Assurance, Outsourcing, online accounting support, Company Registration, and CAC matters, please contact Sunmola David & CO (Chartered Accountants & Tax Practitioners) at Lagos, Ogun state Nigeria offices, You can also reach us via WhatsApp at +2348038460036.