China: Standardisation of the administration on cost sharing agreements

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: Standardisation of the administration on cost sharing agreements

ho.jpg

lu.jpg

Khoonming Ho


Lewis Lu

The State Administration of Taxation (SAT) promulgated the Announcement on Standardising the Administration of Cost Sharing Agreements (Announcement 45) on June 16 2015. The Announcement aims to streamline the administration process, as well as strengthen the follow-up administration, so as to improve and standardise the administration of cost sharing agreements. Announcement 45 has been issued to replace Article 69 of the Implementation Measures for Special Tax Adjustments (Provisional) ('Circular 2'), which originally addressed the administration of cost sharing agreement. The main updates are:

  • Repeal of the 'Reporting to the SAT' requirement of Circular 2, with a new requirement for enterprises to "submit the agreements to the in-charge tax authorities" instead;

  • Requirement for taxpayers signing cost sharing arrangements to file Related Party Transaction Disclosure Forms along with the corporate income tax annual tax returns, regardless of whether the cost sharing agreement is in effect or not; and

  • Repeal of the former process of examination, which has been replaced by strengthened follow-up administration.

The repeal of the 'reporting' and 'examination' process in Announcement 45 is, to a large extent, in line with the mainstream trend of streamlining the national administration procedures. However, this change will shift the focus of the tax authorities more towards follow-up administration and investigation. In practice, to obtain certainty in implementing cost sharing agreements, taxpayers still need to communicate in advance, and reach consensus, with the tax authorities. Applying for an advance pricing agreement (APA) is one practical way to achieve this goal. However, currently the application of a unilateral APA should be reviewed by the in-charge tax authorities and submitted to SAT for final review and approval.

Announcement 45 emphasises the application of the arm's-length principle and the 'principle of costs and benefits being commensurate'. However, the Announcement does not make explicit rules and standards on how to assess whether these two principles are satisfied or not. Specifically, Announcement 45 did not give answers to a series of implementation issues, such as how to determine the arm's-length price, the implications of business tax (BT) and value added tax (VAT) under the cost sharing agreement, the treatment of balancing payments (such as true-ups) of cross-border transactions, among others.

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

Brazil’s tax reform unifies consumption taxes to simplify rules, centralise administration and reduce legal uncertainty
The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
The amended double taxation avoidance agreement removes France’s most favoured nation status for tax treaty benefits
The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled
While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment
The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires
Meanwhile, one expert highlights the importance of separating Venezuela’s tax authority from direct political control after ‘lost decades and isolation’
With PMK 108, Indonesia has upgraded its tax transparency regime for the digital era, focusing on data quality, governance, and cross border exchange rather than expanding regulatory reach
In a popular LinkedIn post, Jeremie Beitel encouraged firms to invest in junior talent even if it doesn’t lead to their loyalty, though recruiters offered ITR a mixed assessment
Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said
Gift this article