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Navigating UK-to-UK Transfer Pricing Reforms: New Exemptions & Practical Tips for Corporates

From 1 January 2026 UK-resident companies have greater exemptions from transfer pricing for domestic transactions—but specific criteria apply and elections may be needed.

By NomadicTax Research Team · 5-8 min read

Introduction

The UK has reformed transfer pricing rules under Part 4 of the Taxation (International and Other Provisions) Act 2010 (TIOPA10) to reduce compliance burdens on domestic transactions. A significant UK-to-UK exemption now exists for many related-party exchanges between UK companies, effective for chargeable periods beginning on or after 1 January 2026. (gov.uk)

What’s Changed

  • UK-to-UK provisions are exempt from transfer pricing rules under TIOPA10/S164A if certain qualifying criteria are met. This means many domestic transactions no longer need the same arm’s length adjustments as cross-border ones. (gov.uk)
  • Reforms also updated participation and valuation rules for cross-border intangible transactions (effective 1 January 2026). For intangible asset transfers or licences, arm’s length pricing applies; for other cases, market value is used. (gov.uk)

Qualifying for the UK-to-UK Exemption

To fall into the exemption, all the following must apply during the relevant period:

  • Both the potentially advantaged company and the other party are UK-resident companies throughout the period.
  • The provision influences profits or losses for both entities, and any profits are subject to UK corporation tax—on the same rate for both.
  • The entities use same reference currency in accounting (normally their functional currency).
    (gov.uk)

Disqualifying factors include:

  • Inclusion of contract types specified under CTA09/S589 for only one entity
  • Exemption adjustments regarding foreign permanent establishments
  • Patent Box provisions or excluded companies
  • If either party elects out or HMRC issues a mandatory transfer pricing notice due to potential UK tax loss.
    (gov.uk)

What Corporates Should Do Now

  • Review existing inter-company transactions to determine if they meet qualifying criteria to claim the exemption
  • Consider making an election to apply transfer pricing rules even when exempt, especially if future reorganisations might invalidate the exemption
  • Maintain detailed documentation to prove qualifying status (UK residency, same tax rates, currency).
  • For intangible transactions, assess whether arm’s length valuation or market value is needed depending on the nature of the transaction.
  • Regularly check updates to HMRC internal manuals like INTM414020 and INTM414320.

Example

Company A and Company B are UK resident, taxed at the same corporation tax rate, and transact goods where both recognise profits in their financials using GBP. This transaction could fall under the UK-to-UK exemption. However, if Company B holds a foreign branch with different tax treatment or currency, the exemption might not apply.

Impact and Risks

Impact:

  • Reduced compliance costs for wholly domestic corporations
  • Easier budgeting and transfer pricing disclosure burdens lowered for many UK-only relationships

Risks:

  • Misapplying the exemption if any criterion is missed—including subtle ones like currency or tax rate differences
  • If HMRC issues a notice, you may need to revert to full TP rules
  • Poor documentation could lead to disputes or adjustments in tax assessments

Summary

As of 1 January 2026, UK-to-UK transfer pricing reforms offer meaningful relief for many domestic related-party transactions—but the exemption is conditional. Corporates should audit their group structure, align valuation practices, and ensure documentation lines up with qualifying criteria to make the most of the opportunity.

Sources

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