China SAT to incorporate country UN chapter into circulars

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 to incorporate country UN chapter into circulars

The State Administration for Taxation (SAT) is intending to incorporate the China chapter, an appendix in the UN’s transfer pricing manual, into tax circulars in an attempt to increase the amount of corporate tax it collects.

The intention was made clear in recent meetings, according to Glenn de Souza of Baker & McKenzie. However, the SAT is believed to be hesitant about issuing specific circulars related to this area.

“We also hear that the GAAR rules may contain reference to the UN concepts,” said de Souza.

Ideas such as location specific advantages (LSA) feature heavily in the China chapter of the UN’s practical manual for transfer pricing in developing countries. There have been reports of audit cases where LSAs have been used aggressively to make a contract R&D subsidiary of a foreign company raise its mark-up rate to 15% (from 10%).

“A client pointed out that their Indian R&D centre had even lower costs than China, but the tax bureau said that India was not a relevant comparison because China was unique, in that it manufactured the entire spectrum of products and R&D centres had to be co-located where the manufacturing was taking place,” said de Souza.

China is effectively saying that R&D centres have to be located with manufacturing but this is not in keeping with the realities of business.

In general, however, it seems taxpayers and their advisers agree with the concepts set out in the China chapter, predominantly China’s standing in terms of location savings and market premiums and why these issues make China different to other countries when companies put together their transfer pricing documentation.

“It raises a lot of relevant points,” said Henrik Hansen of Ernst & Young. “What would be welcome are clear definitions of what SAT sees as a market premium and a location saving, including how they will approach these concepts. Taxpayers need these concepts in order to comply.”

Return to the BRICS tax cooperation special focus

more across site & shared bottom lb ros

More from across our site

Countries which care about fair taxation of tech multinationals and equitable global distribution of wealth should back the UN’s tax framework, writes economist Abdelmalek Riad
The cuts disproportionately affected staff in certain positions, the report also found; in other news, MHA announced the €24m acquisition of Baker Tilly South East Europe
The plan aims to improve the efficiency, transparency, and effectiveness of direct tax administration in India
Meanwhile, South Africa’s finance minister has accepted a court decision on suspending a VAT increase and US President Donald Trump mulls a 100% tariff on foreign films
Jaime Carey speaks about the benefits of his tax background, DEI values, the use of AI for a smarter legal practice, and other priorities that will define his presidency
Historically low levels of attrition over consecutive years made a ‘difficult decision’ necessary, PwC has reportedly said
WTS Global is also vetting new potential member firms in Algeria, Cote D’Ivoire and Benin, Kelly Mgbor tells ITR in an exclusive interview
The scope of qualifying pillar two tax credits could reportedly be broadened; in other news, hundreds of IRS appeals staff are to resign
For many taxpayers, the prospect of long-term certainty that a bilateral APA offers can override concerns about time, cost and confidentiality
Levine, who served under the Joe Biden administration, led the US’s negotiations on the OECD’s two-pillar solution
Gift this article