Transfer Pricing - China Specific Tax Rules

China Specific Tax Rules

Prior to 2009, China generally followed OECD Guidelines. New guidelines were announced by the State Administration of Taxation (SAT) in March 2008 and issued in January 2009. The new rules continue to apply to domestic and international transactions. These guidelines differ materially in approach from those in other countries in two principal ways: 1) they are guidelines issued instructing field offices how to conduct transfer pricing examinations and adjustments, and 2) factors to be examined differ by transfer pricing method. The guidelines cover:

  • Administrative matters
  • Required taxpayer filings and documentation
  • General transfer pricing principles, including comparability
  • Guidelines on how to conduct examinations
  • Advance pricing and cost sharing agreement administration
  • Controlled foreign corporation examinations
  • Thin capitalization
  • General anti-avoidance

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