China SAT to incorporate country UN chapter into circulars

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 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

Nearly two years after its publication, the Corporate Tax Roadmap is reshaping the UK’s TP framework through incremental reforms focused on scope, transparency and earlier HMRC intervention
With a stark divergence between MNEs that prepared early and those rushing to catch up, advisers must remain agile with all manner of compliance risks
The EU agreed new cooperative and investigative measures to tackle VAT fraud, while Hungary faced legal action and Lavez Coutinho expanded its indirect tax team
The arrival of a team from Brazilian rival Costa Tavares Paes Advogados brings SiqueiraCastro’s tax headcount to seven partners and 30 associates
CSR initiatives can sometimes venture into virtue signalling, but Ryan’s tax literacy event for schoolchildren was a genuine and necessary endeavour
Grant Thornton advanced plans to integrate its Australian firm into its US arm, as tax developments spanned law firm hires, aviation levies and digital services taxes
A new focus on early intervention and increased AI use is transforming how tax authorities are approaching TP audits, though capacity-constrained jurisdictions risk falling behind
The French administration has used AI to detect undeclared swimming pools and verandas but always includes a human in the loop, the AI in Tax Forum heard
The UK tax authority’s deputy director of large business also reassured taxpayers that HMRC will not ‘nitpick’ returns
Sucafina’s tax chief was speaking at the ITR Pillar 2 Forum in London alongside experts from HMRC and other organisations
Gift this article