Introduction
This article explores the treatment of management services from a transfer pricing perspective in the United Arab Emirates (UAE). With the introduction of transfer pricing regulations under the UAE Corporate Tax framework, intra-group service transactions—particularly management services—have come under increased scrutiny. The article aims to provide insights into how such services are evaluated for arm’s length pricing by businesses operating in the UAE.
Services from Management layers in TP
An MNE Group may comprise multiple businesses and management layers—global, regional, and local—each overseeing operations at different levels. These groups often allocate the costs of global and regional leadership across their countries of operation. However, such allocations must satisfy the benefits test given below. If the test is not met, the related expenses must be adjusted in line with Article 20 of the Corporate Tax Law. Care should also be taken to avoid duplication of costs due to overlapping management layers.
Determining whether a Management service has been rendered (Benefits Test)
Under the Arm’s Length Principle, management services are considered rendered if they provide economic or commercial value to the recipient, helping to enhance or maintain its business position. This can be assessed using several key factors:
- Whether an independent party would be willing to pay for the activity or perform it themselves under similar circumstances.
- Whether the recipient reasonably expects to benefit from the activity, even if the benefit doesn’t ultimately materialize.
- Whether the activity is commercially necessary and would justify payment by an independent party.
- Whether the benefits are identifiable and measurable—if not, the activity may not qualify as a service.
Shareholder Activities
In some cases, an MNE Group may perform activities that benefit the parent entity or a regional holding company in its capacity as a shareholder, rather than providing a service to other Group members. These “shareholder activities” are typically undertaken due to ownership interests or regulatory compliance and do not constitute intra-group services. As such, they should not be charged to other Group entities; instead, the related costs should be retained at the shareholder level.
Examples of shareholder activities include:
- Costs related to the parent entity’s own structure (e.g., shareholder meetings, stock listings).
- Group-level financial reporting and audits conducted solely for the parent’s needs.
- Fundraising for acquiring participations and investor relations efforts.
- Tax compliance obligations of the parent entity.
- Activities tied to overall corporate governance of the Group.
See how key clauses in the UAE Corporate Tax Law govern intra-group service deductions and adjustments.
Examples of management services
The following are examples of management services typically provided by an Associated Enterprise (AE) in the context of transfer pricing arrangements:
- Commercial & Operational Support – Managing key client/supplier relations and coordinating multi-party/multi-site projects.
- Strategic & Administrative Assistance – Enhancing inter-functional cooperation and streamlining operations.
- Financial Management – Budgeting, financial planning, reporting, and statement closure.
- Tax & Regulatory Support – Handling tax audits and ensuring compliance.
- HR Advisory – Structuring HR policies and managing workforce matters.
- Legal & Compliance – Advising on legal issues and regulatory alignment.
The above examples pertain to management services that are operational in nature. Activities performed in a shareholder capacity—such as group-level governance, restructuring for shareholder benefit, or investor-focused reporting—are excluded, as they do not warrant compensation under the arm’s length principle.
Case Study: Analysis of Value-Adding Management Services
- Facts of the Case
ABC Group, operating in the chemicals sector, has headquarters in the UAE. The regional headquarters employs teams that support the Group entities operating in the region. The headquarters supports regional entities through two service types:
Technical services: This service includes guidance on testing and inspection techniques to be applied when servicing the third-party customers.
Support services: This includes keeping books and records, processing invoices, recruitment and onboarding, and IT.
- Inference
Technical Services: As these services are tied to core business operations and add economic value, they are not considered low value-adding and do not qualify for safe harbor treatment.
Support Services: These are ancillary in nature, not directly tied to revenue generation, and are therefore classified as low value-adding for Transfer Pricing purposes.
Determining the arm’s length charge for management services
- Comparability Analysis
Determining the arm’s length price for management services requires evaluating both the service provider’s and recipient’s perspectives. The analysis should consider the value to the recipient, what an independent party would pay in similar circumstances, and the provider’s costs. The roles and responsibilities of each party are identified by undertaking a FAR (functions, assets, and risks) analysis.
- Benchmarking Process
This involves selection of the tested party, selection of the most appropriate method, choosing the right PLI (Profit Level Indicator), selection of database filters to be applied, and finally ascertaining the arm’s length range of the comparable companies and evaluating whether the transaction is at arm’s length or not.
Conclusion
In conclusion, the treatment of management services under transfer pricing requires careful analysis to ensure compliance with the arm’s length principle. Businesses must distinguish between genuine intra-group services and shareholder activities, apply appropriate pricing methods, and ensure that cost allocations reflect actual benefits received by each entity. Overlapping management layers, if not properly assessed, can lead to duplication of charges and potential tax adjustments. By adhering to OECD guidelines and the UAE’s transfer pricing framework, MNE Groups can ensure transparency, reduce audit risks, and maintain robust transfer pricing policies for management services.
Understand the mandatory UAE Transfer Pricing Disclosure Form requirements to substantiate your management service charges.
How does BCL Globiz help?
Effectively managing management services under the Arm’s Length Principle is critical for ensuring transfer pricing compliance and minimizing tax risks. Proper identification, valuation, and documentation of these services—whether direct or indirect—are essential to reflect true economic substance and avoid disputes. Applying appropriate transfer pricing methods, carefully determining cost bases, and leveraging simplified mark-up approaches for low value-adding services can streamline compliance without compromising accuracy. At BCL Globiz, we guide businesses in structuring and pricing management services to meet regulatory expectations, maintain clear rationale for service charges, and support transparent, defensible transfer pricing policies that align with the UAE’s tax framework.
Explore future-proof strategies in “Transfer Pricing: End Is the New Beginning” to keep your policy ahead of evolving rules.
For further assistance, reach out to our expert rakesh@bclglobiz.com and check out our website www.bcl.ae.
