Cost sharing arrangements between American Multi National Corporations (MNCs) and their foreign affiliates and subsidiaries, have, for some time provoked the concern of the Internal Revenue Service and the Treasury Deporatment. Were MNCs engaging in complex cross-border transactions for the sole purpose of reducing their overall tax liability? A 2006 Treasury proposal which seeks to stem abuses, though well meaning, may ultimately undermine U.S. competitiveness because the application of the so-called Investor Model to arms-length transactions provides strong incentives for MNCs to conduct their research and development activities off shore.

A perfect storm has materialized for tax directors of Fortune 1000 companies. Greater disclosure of segment data as a result of the Sarbanes Oxley Act, increasingly prehensile foreign tax authorities, and growing use of a shared services concept for managing global expenses, has made the allocation of headquarters’ expenses fraught with risks, and if managed correctly, opportunities too. I helped author this monograph along with a PriceWaterhouseCoopers international tax partner to generate awareness on strategies and tactics which can be used to manage risks associated with allocation of headquarters’ expenses and minimize the corporation’s marginal tax rate.