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 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

Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Ryan hopes the buyout will help it expand into Asia and the Middle East; in other news, three German finance ministers have called for a suspension of pillar two
SKAT, which was represented by Pinsent Masons, had accused Sanjay Shah and other defendants of fraudulent dividend tax refund claims
TP managers must be able to explain technical issues in simple terms, ITR’s European Transfer Pricing Forum heard
Prudential had challenged HMRC over VAT group relief; in other news, Donald Trump unveiled timber and wood tariffs, and the European Commission published a ViDA implementation strategy
Australia’s CbCR rules have ‘widespread support’ and do not put American companies at a competitive disadvantage, the FACT Coalition said
Baker McKenzie advised two of the member firms involved, while several advisers provided transaction counsel to US-based Grant Thornton Advisors
Gift this article