The Use of Value Chain Analysis in a Profit Split

This article provides an introduction to the profit split method (PSM), giving a quick look into its evolution throughout time and explaining how it shall be identified and applied as the most appropriate transfer pricing method, while demystifying the terms “value creation” and “value chain analysis” (VCA) and explaining why they were introduced by the OECD in the Action Plan on Base Erosion and Profit Shifting (hereinafter BEPS Actions). This article elaborates on what a VCA should consider, how it should be conducted and what should be the outcome, and addresses the practical aspects of the use of the PSM in a VCA, based on a numerical example in the light of the OECD’s recommendations in, inter alia, the OECD Model Tax Convention, the OECD Transfer Pricing Guidelines, the BEPS Actions, discussion drafts and public consultations on the application of the PSM.