Research On The Anti-avoidance Policy Of Transfer Pricing Involving Intangibles In China

The problem of transfer pricing transactions involving intangibles is one of the most concerned and challenging problems of international taxation.On the one hand,with the acceleration of economic globalization and the development of knowledge economy,intangibles have become an important driving force of the world economy.On the other hand,due to the characteristics of intangibles,such as difficulty in determining the transfer value,complexity in value contribution judgment and difficulty in distinguishing the transfer income from other types of income,more and more multinational companies use related transactions of intangibles to realize profit shifted outside,so as to reduce the overall tax burden of the group.In order to curb this trend,some developed countries represented by the United States and international economic organizations represented by OECD have continuously carried out studies on this issue,and great progress has been made in relevant theories.After the introduction of the BEPS action final reports in 2015,countries around the world have accelerated the legislative process of transfer pricing in intangibles,which indicates that a new international tax order is about to take shape.As one of the world's major economies,China is clearly participating in this transformation.Over the past 10 years,great progress has been made in the construction of transfer pricing in intangibles in China.Marked by the issuance of SAT Public Notice[2017] NO.6”Administrative Mearsures of Special Tax Investigation and Mutual Agreement Procedure”,the construction of transfer pricing in intangibles in China has entered a new stage.However,there is no international consensus on many basic issues,such as what is an "intangible" ? how to value an intangible property? and how,in practice,can taxpayers and tax authorities determine the correct price for a transaction involving intangibles? By studying the basic theory of the transfer pricing in intangibles and the practical experience of typical developed countries and international organizations,this paper attempts to clarify the difficulties faced by the construction of the transfer pricing transactions involving intangibles,clarify the international solutions to these difficulties,and put forward specific suggestions for China's future reform.In terms of structure,the first chapter is the introduction,which mainly introduces the research background,research significance and research ideas.Chapter two is the basic theory of anti-avoidance in transfer pricing transactions involving intangibles.Taking the characteristics of transfer pricing in intangibles as the starting point,it analyzes the main means of tax avoidance of multinational companies and the basic theory and means of antiavoidance of tax authorities.The third chapter is about the current situation and problems of the anti-avoidance policy in transfer pricing of intangibles in China,and it sorts out the related antiavoidance system construction in China,and puts forward and analyzes some difficulties that China faces in the anti-avoidance system construction,which are also recognized internationally.Chapter four is the international exploration of transfer pricing in intangibles against tax avoidance.It introduces and analyzes the practical experience of some major developed countries and international on these problems.The fifth chapter is the policy recommendations,combined with the above analysis for China's transfer pricing in intangibles anti-avoidance system construction recommendations.