Hong Kong: BEPS gains momentum in Hong Kong
International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

Hong Kong: BEPS gains momentum in Hong Kong

intl-updates-small.jpg

Hong Kong's implementation of the BEPS initiatives has been gaining momentum.

ho-khoonming.jpg
lau.jpg

Khoonming Ho

Macpherson Lau

In 2016, the government accepted an invitation from the OECD to join the BEPS Project as an "associate", committing itself to the comprehensive package of reforms.

The immediate priorities for the Hong Kong government include introducing a more comprehensive transfer pricing regime with specific documentation rules. In line with this, a public consultation paper was released on October 26 2016. The details of the proposal are quite significant.

Whilst we can foresee that the proposals will be subject to revisions before being finalised , Hong Kong taxpayers should start reviewing their transfer pricing policies.

Within the public consultation, some of the more significant proposals relate to the following:

  • Codifying existing transfer pricing rules into tax legislation, applicable to both international and domestic related party transactions;

  • Mandating the preparation of local file and master file transfer pricing documentation based on Action 13 of the BEPS initiative, with exemptions for smaller SMEs that meet two of the following three criteria: revenue not exceeding HKD 100 million ($12.9 million), assets not exceeding HKD 100 million, and a workforce not exceeding 100 people;

  • Requiring companies with consolidated group revenues of over €750 million to prepare a country-by-country report;

  • Providing for the exchange of country-by-country reports with jurisdictions with which Hong Kong has a double tax treaty or tax information exchange agreement (TIEA) in force;

  • Introducing legislation to formalise mutual agreement procedures and mandatory arbitration to resolve treaty disputes and to provide for the spontaneous exchange of certain information with tax treaty partners; and

  • Extending the time period for claiming tax credits from two years to six years.

In terms of timing, the consultation process will end on December 31 2016 with plans to introduce the consequent bill into the Hong Kong Legislative Council by mid-2017.

How all of this will shape up will depend on the details of the resulting legislation. The Hong Kong government has stated that it will strive to maintain a simple, neutral and highly transparent tax regime. However, costly documentation mandated for domestic transactions would be a significant burden.

Moreover, the exemption proposals ignore the size of related party transactions, a threshold which is a more commonly applied in many other countries, with the result that companies with even minimal related party transactions may be burdened.

A further key challenge for Hong Kong is how it intends to reconcile its territorial tax regime with transfer pricing, noting that some European countries have declared that a territorial tax regime is itself a harmful tax practice.

However, what is clear is that transfer pricing will be implemented in Hong Kong and this means that robust transfer pricing support and documentation are becoming increasingly critical.

It is essential that Hong Kong taxpayers start to take action on reviewing their transfer pricing policies and show readiness to meet new Hong Kong transfer pricing requirements.

Khoonming Ho (khoonming.ho@kpmg.com) and Ayesha Macpherson Lau (ayesha.lau@kpmg.com)

KPMG China

Tel: +86 (10) 8508 7082 and +852 2826 7165

Website: www.kpmg.com/cn

more across site & bottom lb ros

More from across our site

The firm’s new Asia-Pacific head James Badenach tells ITR that A&M Tax can provide an alternative in the region to a “constrained” ‘big four’
As the firm declined to speak with ITR over its progress, senator Deborah O’Neill branded PwC Australia’s recent parliamentary responses as ‘unsatisfactory’
A Swedish company’s CEO working part-time in Denmark led to a noteworthy PE decision; in other news, Latham & Watkins grew its London tax team
Rather than outright replace human intelligence, AI solutions can serve as the ‘infinite intern’ tax advisers need to automate onerous tasks, argues Russell Gammon of Tax Systems
The lack of provision for bilateral advance pricing agreements is a notable omission from proposed reforms of Brazil’s transfer pricing rules
Ursula von der Leyen is under pressure to ensure her new team makes competitiveness a top priority. How tax policy is designed and implemented is crucial, writes Ralph Cunningham
Speaking exclusively at ITR’s Transfer Pricing Forum in Europe, the Commission’s Marc Clercx also addressed industry concerns over the arm’s-length principle
After a protracted offensive from 10 Australian professional bodies, a Senate motion to strike out contentious new tax ethical rules has failed, but concessions were secured
The closely watched decision represents the final nail in the coffin for Apple and serves as a warning to other multinationals, experts have suggested
UK tax advisers have branded Reeves’ pledge to cap corporation tax at 25% as “a smart move” and “an easy give”
Gift this article