In Japan, there are two tax regimes that apply to determine the deductibility of transfer pricing adjustments: the transfer pricing regime, a well-known global tax issue; and the donation/contribution regime, a unique system which has long existed even before the transfer pricing regime was introduced in Japan. Under Japan's donation/contribution taxation regime, if a donation/contribution transaction does not involve any consideration from a counterparty (ie without a reverse contribution), the difference between the fair market value/price and transaction price of the goods/services transaction is considered as a non-deductible expense when calculating taxable income. Thus, if retroactive year-end transfer pricing adjustments are made, unless the taxpayer recognizes the arm's-length price and determines a reasonable way to make the adjustment in advance, it is possible that the donation/contribution regime could be applicable.
June 30 2001