China: Standardisation of the administration on cost sharing agreements

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


China: Standardisation of the administration on cost sharing agreements

ho.jpg

lu.jpg

Khoonming Ho


Lewis Lu

The State Administration of Taxation (SAT) promulgated the Announcement on Standardising the Administration of Cost Sharing Agreements (Announcement 45) on June 16 2015. The Announcement aims to streamline the administration process, as well as strengthen the follow-up administration, so as to improve and standardise the administration of cost sharing agreements. Announcement 45 has been issued to replace Article 69 of the Implementation Measures for Special Tax Adjustments (Provisional) ('Circular 2'), which originally addressed the administration of cost sharing agreement. The main updates are:

  • Repeal of the 'Reporting to the SAT' requirement of Circular 2, with a new requirement for enterprises to "submit the agreements to the in-charge tax authorities" instead;

  • Requirement for taxpayers signing cost sharing arrangements to file Related Party Transaction Disclosure Forms along with the corporate income tax annual tax returns, regardless of whether the cost sharing agreement is in effect or not; and

  • Repeal of the former process of examination, which has been replaced by strengthened follow-up administration.

The repeal of the 'reporting' and 'examination' process in Announcement 45 is, to a large extent, in line with the mainstream trend of streamlining the national administration procedures. However, this change will shift the focus of the tax authorities more towards follow-up administration and investigation. In practice, to obtain certainty in implementing cost sharing agreements, taxpayers still need to communicate in advance, and reach consensus, with the tax authorities. Applying for an advance pricing agreement (APA) is one practical way to achieve this goal. However, currently the application of a unilateral APA should be reviewed by the in-charge tax authorities and submitted to SAT for final review and approval.

Announcement 45 emphasises the application of the arm's-length principle and the 'principle of costs and benefits being commensurate'. However, the Announcement does not make explicit rules and standards on how to assess whether these two principles are satisfied or not. Specifically, Announcement 45 did not give answers to a series of implementation issues, such as how to determine the arm's-length price, the implications of business tax (BT) and value added tax (VAT) under the cost sharing agreement, the treatment of balancing payments (such as true-ups) of cross-border transactions, among others.

Khoonming Ho (khoonming.ho@kpmg.com)

KPMG, China and Hong Kong SAR

Tel: +86 (10) 8508 7082

Lewis Lu (lewis.lu@kpmg.com)

KPMG, Central China

Tel: +86 (21) 2212 3421

more across site & shared bottom lb ros

More from across our site

The big four firm allegedly reviewed backdated documents and signed off on accounts that removed hundreds of millions of dollars of Abramovich’s assets
New Tier 1 entrants and an expanding cohort of established players indicate that law firms are becoming increasingly credible challengers in Europe's TP market
Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Tax authorities have gained unprecedented transparency through CbCR, but a new study suggests they may not be looking in the right places
The future chief tax officer will be judged not only on compliance, but on their ability to harness data, technology and AI to support strategic decision-making
Gift this article