China: SAT’s formal assessment on service fees and royalty payments

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

China: SAT’s formal assessment on service fees and royalty payments

ho.jpg

lu.jpg

Khoonming Ho


Lewis Lu

In an area of immediate importance to taxpayers, the State Administration of Taxation (SAT) recently instructed tax bureaus across the country to survey and report back in September regarding companies in their jurisdictions which have made service fee or royalty payments to related parties between the years 2004 and 2013; these years are eligible for potential tax adjustments since the statute of limitations for transfer pricing audits is 10 years. In addition, the SAT urged tax bureaus to formally begin registering transfer pricing audits now of companies which engaged in such transactions deemed to be especially suspicious. In terms of focus, the SAT is paying particular attention to a number of specific issues, for example royalty payments made to:

  • entities in "tax haven" jurisdictions; and

  • overseas related parties with few or no functions, and which are therefore perceived to have little economic substance.

Also, cases where the Chinese taxpayer may have made significant contributions to the value of the intangibles, or where the intangibles may have eroded in value since initially being licensed, are receiving close scrutiny.

With regard to services, the SAT is focusing attention to those which:

  • relate to shareholder activities;

  • relate to supervision by the group headquarters;

  • may be duplicative to ones that the Chinese service recipient can or is also performing in-house or are already provided by third parties;

  • may be irrelevant to the Chinese service recipient given its functional and risk profile or business operations; or

  • for which the remuneration is already reflected in other transactions.

Against this background, the issuance of internal directives to actively scrutinise related party service and royalty payments from the SAT's perspective is likely a logical step to take. As a result, it is expected that a significant number of transfer pricing audits with focus on royalties and service fees will be conducted across the country.

For taxpayers, this is an area of immediate concern and action to manage the tax risks arising from service fee and royalty payments. It is recommended that companies review relevant documentation to ensure adequate evidence is in place and assess areas of potential controversy.

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

Effective audit management requires more than documentation; it’s the way taxpayers engage that can shape audit direction, manage procedural ambiguity, and preserve options for appeal or litigation
American advisers are falling short of client expectations when it comes to providing value-added services, but remaining tight-lipped won’t make the problem go away
Awards
The Social Impact Awards unveil new categories to reflect a changing legal and social landscape
Australia's approach to tax policy has undergone significant shifts in recent years, reflecting global trends and unique domestic considerations. These developments merit close attention from tax professionals
The UK has temporarily dodged the 50% rate due to a trade deal signed with the US in May; in other news, Ryan acquired a Northern Irish tax firm
Following a $28 million funding round, Aibidia wants to ‘double down’ on the US market via partnerships with the ‘big four’, the Finnish TP tech provider’s CEO tells ITR
The Luxembourg-based TP leader tells ITR about relishing the intellectual challenge of his practice, his admiration for Stephen Hawking, and what makes tax cool
The case to determine whether the tariff regime is constitutional will eventually find its way to the US Supreme Court, ITR has also heard
In other news, the Council of the EU pledged support to a CBAM simplification and exemption initiative, and Portugal issued new VAT filing guidance
While Brazil’s sweeping tax updates are a triumph for modernisation, Giuliano Gioia of Sovos warns that MNEs with a Brazilian footprint should be prepared for a short and sharp adjustment
Gift this article