By Chris Devonshire-Ellis, Andy Scott, Sam Woollard
This consultant is an in depth evaluate of all facets of move pricing in China. Produced in organization with move Pricing affiliates, a expert worldwide move pricing company, this can be a vital paintings for any businessman buying and selling with or carrying out enterprise in China. The booklet offers with all facets of move pricing from a realistic viewpoint, from designing and enforcing a move pricing procedure, to coping with China compliance and getting ready for an audit.
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Extra resources for Transfer Pricing in China
44 Transfer Pricing Audits and Enforcement of the appropriate protocols to be followed by the tax authority and enable better preparation from the taxpayer. 1. Prepare a preliminary special tax investigation adjustment proposal based on simulations, evaluations and comparability analysis 2. Negotiate with the enterprise under investigation based on the preliminary special tax investigation adjustment proposal. Both the tax authorities and the enterprise shall designate a principal negotiator. Investigators shall keep a ‘‘Record of Negotiation Content,’’ which shall be signed and confirmed by the principal negotiator from each party.
It is therefore critical that the forms be completed accurately and with a sufficient level of detail. From a practical perspective it is worthwhile considering the introduction of systems and procedures to enable the information to be captured efficiently and accurately in future years to minimize resources needed to meet this obligation. The experience in other jurisdictions is that such forms act as the primary screening tool for tax authorities to conduct their initial identification of targets for transfer pricing investigation and will provide a very efficient means for the tax authorities to manage their limited resources available in the area of transfer pricing.
6 Appeals Procedure The key overriding point is that it is always recommended to resolve any transfer pricing (or tax) dispute through negotiation wherever possible. However, if this fails, an appeal can be made to the tax authorities with additional supporting documentation within 60 days for an administrative appeal. A decision on the appeal must be made within 60 days. The tax authorities may reevaluate their adjustments and consult further with the taxpayer and advisers if deemed necessary.