China Legal Notes

Transfer Pricing

转让定价 — Transfer pricing rules and documentation requirements

Transfer Pricing 转让定价

  • Enterprise Income Tax Law, Art. 41–44 — special tax adjustment provisions
  • Implementation Measures for Special Tax Adjustments (特别纳税调整实施办法) — Bulletin [2017] No. 6

Arm's Length Principle

Transactions between related parties must be conducted at arm's length. The tax authorities may make adjustments if transfer prices do not reflect fair market value.

Documentation Requirements

Three-Tier Documentation

  1. Master File (主体文档) — group-wide overview
  2. Local File (本地文档) — detailed local entity TP analysis
  3. Country-by-Country Report (国别报告) — CbCR

Filing Thresholds

Documentation requirements depend on the volume of related-party transactions.

Advance Pricing Arrangements (APA)

Enterprises may apply for unilateral, bilateral, or multilateral APAs with the STA to achieve certainty on transfer pricing methodology.

TP Methods

  • Comparable Uncontrolled Price (CUP)
  • Resale Price Method
  • Cost Plus Method
  • Transactional Net Margin Method (TNMM)
  • Profit Split Method

To be expanded with specific STA bulletins and practical guidance.

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