Abstract

This article provides an overview of China’s reaction to the G20/OECD Base Erosion and Profit Shifting (BEPS) project. From 2013 to 2015, the OECD developed a series of actions designed to address BEPS activities by multinational enterprises, culminating in a final report of 15 action steps. The article reviews and explains China’s reaction to the BEPS project and its actions in detail, with a particular focus on transfer pricing issues. It shows that China has actively participated in both developing and implementing the BEPS project. The article further suggests that in the post-BEPS era, China is expected to implement the BEPS project in a more consistent and coherent way, and will take whatever measures necessary to guarantee the successful implementation of the BEPS package in collaboration with the global community.

Highlights

  • Following the financial crisis of 2008 and ensuing austerity, the OECD and G20 launched theBase Erosion and Profit Shifting (BEPS) project in 2013

  • China’s tax base has been seriously eroded by aggressive international tax planning that has the effect of artificially shifting profits to locations where they are subject to non-taxation or substantially reduced taxation

  • As China started to implement the “Going-out” strategy in the 21st century, in particular the initiative of “one belt and one road” (OBOR), more and more China-based corporations are increasingly active in outbound investment and intangibles export oversea

Read more

Summary

Introduction

Following the financial crisis of 2008 and ensuing austerity, the OECD and G20 launched the. China’s tax base has been seriously eroded by aggressive international tax planning that has the effect of artificially shifting profits to locations where they are subject to non-taxation or substantially reduced taxation. As China started to implement the “Going-out” strategy in the 21st century, in particular the initiative of “one belt and one road” (OBOR), more and more China-based corporations are increasingly active in outbound investment and intangibles export oversea. The following sections describe China’s involvement in the BEPS project in detail, with particular emphasis on transfer pricing. They explain why China needs to continue to implement the BEPS action steps and what problems might be anticipated as it does so

China as a Victim of BEPS
Active Participation in the Development of BEPS Project
Taxpayers Rights and BEPS Implementation
Brief Introduction
Responses to BEPS Action 2
Responses to BEPS Action 3
Responses to BEPS Action 4
Responses to BEPS Action 5
Responses to BEPS Action 6 on Treaty Shopping
General Requirements of BEPS Action Items 8–10 and 13
Overview of the Transfer Pricing and CbC Reporting Changes in China
TP Documentation Requirements of Bulletin 42 of 2016
Bulletin 6 of 2017 on the Special Tax Investigations and Adjustments
Transfer Pricing of Intangible Property Transactions
Transfer Pricing of Intra-Group Service Transactions
Findings
Conclusions
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call