我国转让定价税务管理中存在的问题及改进建议

外资企业在我国投资、经营过程中,存在运用转让定价等手段转移利润、逃避税收负担的问题。为了消除转让定价避税带来的危害,我国出台了一系列转让定价税务管理法律法规,不断建立健全转让定价税务管理制度,取得了一定的成效。但我国转让定价税务管理还存在诸如管理制度不完善等问题。本文认为,针对我国转让定价税务管理的现状,我们要在建立科学、完备的转让定价税收法律法规体系,扩大转让定价审计的数量和范围等方面下功夫,不断改进我国转让定价税务管理。     

国外转让定价罚则的现状及在我国的进展

本文介绍了各国转让定价罚则的现状、转让定价罚则在我国的发展概况,并结合《中华人民共和国企业所得税法》中转让定价罚则的相关内容,论述了转让定价罚则在我国的三个现实意义:填补立法空白、提高税法遵从、推动税务管理实践的发展。     

The history of PATA and its effect on advance pricing arrangements and mutual agreement procedures

In its 25 years of existence, the Pacific Association of Tax Administrators (PATA) has attempted to protect tax revenues and combat tax evasion techniques (including transfer pricing) by transnational corporations (TNCs). To that end, the tax authorities of its four member countries (Australia, Canada, Japan and the United States) have met at least annually to exchange information and identify specific deterrents to tax evasion activities that could be implemented quickly. Recently, PATA has released several documents to assist both tax authorities and TNCs in the area of advance pricing agreements, mutual agreement procedures, and transfer-pricing documentation. The study looks at the PATA's influence on tax authorities and TNC behavior in these and other areas.     

Transfer Pricing, Incentive Compensation and Tax Avoidance in a Multi-Division Firm

This article examines the relation between transfer pricing and production incentives using a model of a vertically integrated firm with divisions located in different tax jurisdictions. We show that if divisional profits are taxed at the same marginal rate, the transfer price should be set to minimize the compensation risk faced by the manager of the buying division. For the case where divisional profits are taxed at different marginal rates, we are able to characterize the trade-off between the tax savings from setting transfer prices to reduce profitability in the high tax jurisdication and the loss of effort attributable to the impact of tax avoidance on the incentive compensation system. Further, we show that if it is feasible to compensate the division managers using multiple performance measures, the transfer price should be used to minimize the firm's overall tax liability. Finally, we show that when authority to determine the transfer price must be delegated to one of the division managers, it is optimal to assign responsibility for setting the transfer price to the manager of the division with the most production uncertainty.     

Transfer pricing as a tax compliance risk

This paper studies the role of transfer pricing as a critical compliance issue. Specifically, we analyse whether and to what extent the perceived risk associated with transfer pricing responds to country-, industry- and firm-specific characteristics. Empirically, transfer pricing risk awareness is measured as a professional assessment reported by the person with ultimate responsibility for transfer pricing in their company. Based on a unique global survey conducted by a Big 4 accounting firm in 2007 and 2008, we estimate the number of firms reporting transfer pricing being the largest risk issue with regard to subsequent tax payments. We find that transfer pricing risk awareness depends on variables accounting for general tax and transfer pricing specific strategies, the types and characteristics of intercompany transactions the multinational firms are involved in, their individual transfer pricing compliance efforts and resources dedicated to transfer pricing matters.     

转让定价与避税地:唇齿还是盾矛?

转让定价与避税地同为跨国企业进行避税的重要手段。跨国企业通过避税地成立基地公司进行转让定价,利用转让定价将利润更多地转移和滞留在避税地,从而实现整体税收利益的最大化。考虑到两者的紧密联系,在反避税制度建设和征管实践中对转让定价和避税地进行综合协调,有利于提高反避税工作效率。     

接受转让定价调查企业的后续管理分析

反避税后续管理面临可借鉴性缺乏,相关政策法规、操作规程不明朗等一系列问题。本文以某接受转让定价调查的企业为例,就转让定价调查后企业的后续管理问题进行了分析,并提出了加强对接受转让定价调查企业后续管理的建议。     

完善我国转让定价税制的构想

作为世界经济中的一员,我国不可避免地受到跨国公司利用转让定价避税问题的困扰.为了防止跨国公司利用转让定价避税,损害我国利益,结合我国实际情况,我国应根据国际惯例尽快健全我国转让定价税制,扩大转让定价实施范围,增强实施细则的可操作性,明确纳税人的报告和举证责任,并积极推行预约定价制度.同时,应运用现代信息技术,建立计算机税收监控系统.此外,应成立专门机构,培养稳定的专业人才队伍;积极参与国际税务协作,加强国际税收协调;对外资企业应实行国民待遇,统一对内外资企业的转让定价治理,创造公平的竞争环境.     

转让定价税制中的举证责任分析

本文比较了由纳税人或税务机关承担举证责任两种模式的差别,以及相应的举证责任的倒置,提出应当由税务机关承担转让定价调整的举证责任,并在纳税人未履行相应的资料提供义务时减轻税务机关的证明程度,以解决税务机关所面临的举证困难。     

中国与东盟成员国转让定价税务管理的比较

中国和东盟成员国同属发展中国家,都实行对外开放和吸引外资的经济政策,而且也都面临着外商投资企业滥用转让定价的问题。本文通过比较中国和东盟成员国转让定价税务管理的立法情况、审查和调整方法、预约定价管理、文档管理、处罚规定和审查力度等方面的异同,发现中国现阶段转让定价税务管理中的不足之处,并提出切实可行的改进建议。     

Influences of Culture on Transfer Price Negotiation

Luft and Libby (1997) posit that American transfer price negotiators tend to settle on prices that result in smaller differences in profit between divisions than the external market price will dictate. They attribute the results to a fairness effect. While fairness is present in all cultures, what is considered “fair” differs between cultures (Bian & Keller, 1999; Bolton et al., 2009; Gao, 2009; Surowiecki, 2009). This study ascertains whether cultural affiliation of the negotiator impacts this fairness effect. American and Chinese subjects participated in within-culture and cross-cultural negotiations in an experiment modeled after Luft and Libby (1997). Our results confirm Luft and Libby's (1997) fairness effect when American participants negotiate with each other, but illustrate a contrary effect when Chinese participants negotiate with each other. The negotiator's cultural affiliation is found to determine profit distribution in cross-cultural negotiations. These findings are consistent with longstanding theories of cultural traits (Hofstede, 1980) that are relevant to transfer price negotiation activities. Our results imply that the fairness effect in transfer price negotiation may need to be refined to account for the impact of culture.     

转让定价税制的国际比较与发展趋势

本文从转让定价税制中关联企业的认定、关联交易的类型、调整方法等基本内容出发,分析比较了世界上较典型的转让定价税制,揭示了国际转让定价税制的内在规律,并对国际转让定价税制的发展趋势进行了分析。     

国外转让定价税制发展研究

本文将国外转让定价税制的发展过程归结为早期和近期两个发展时期,并对这两个时期转让定价税制发展变化的历史背景、各个时期发展的特点和发展要点做了简要阐述。     

Income Shifting and International Transfer Pricing: A Three-Country Example

There is a long held belief that international transfer pricing (ITP) is used by multinational enterprises (MNEs) to minimize global tax liability. On the one hand, this is a rational economic response to market imperfections created by national governments. An alternative view decries such actions as anti-competitive and an abuse of power. This article ex-amines the potential benefit to enterprises of ITP manipulation when a real world combination of fiscal rules are simultaneously applied in practice. The countervailing impact of different national rules appears to result in ITP having a minor significance on parent after-tax income. Differential rates cause minor benefits but the absence of a form of tax, such as withholding tax, can provide substantial opportunities to maximize global after-tax income through the choice of transfer price. ITP can therefore provide benefits when national jurisdictions do not have consistent forms of taxation. In all the scenarios explored, major variations are apparent in the after-tax income of subsidiaries operating under different combinations of fiscal regimes and ITP policies. The tension between head-quarter and subsidiary management may be most pronounced when a subsidiary is located in a jurisdiction not having a complete range of tax forms.     

转让定价税务管理中纳税人文档准备和举证责任规定的国际比较

世界各国和地区在转让定价文档准备和举证责任方面的法律规定基本上是依据OECD指南有关原则制定,并有各自特点。本文就这些内容进行了详细地理论探讨和国际比较,并将落脚点放在为我国转让定价税收立法工作提供有益的借鉴作用上。     

Optimal Transfer Pricing Method and Fixed Cost Allocation

Prior empirical research on transfer pricing only reported what firms do but seldom explained why. This study moves the research forward by introducing hypothesis testing.
Atkinson (1987) shows that pricing transfers at variable cost when capacity is in excess. as prescribed by economic theory. would induce the buying unit to overstate expected demand at the capacity planning stage and cause a waste of resources. To test whether the strategic issue affects transfer pricing decisions, the study compares pricing methods for long- term transfer situations. which were provided for at the capacity planning stage, and ad hoc transfers.
As well. while the two-step method of charging full cost -charging variable cost for each unit transferred and separately charging a flat fee each period for capacity on reserve -has many good control qualities, it remained just an academic curiosity: there was no evidence of its wide use among firms. This study finds that the two-step method is as widely in use as the one-step method -charging variable cost plus unit fixed costs for each unit transferred.     

The impact of exchange rate risk on international asset pricing under various market structures

This article derives international equity pricing relations by taking into account inflationary exchange risk under various forms of market segmentation/integration. In a mean-variance framework, a two-country, two-period, two-goods model is analyzed under three different market structures: segmented, mildly segmented and integrated. It is found that as long as investors are consuming imported goods, in the presence of market frictions, inflationary exchange risk is an important determinant of real equity prices. This is the case because inflationary exchange rate affects the real purchasing power of investors.

Structural asset pricing theory with wavelets

We apply Fourier and wavelet decompositions to structural asset pricing models with time non-separable utility. Through simulations, we show how Fourier decompositions of the utility function, coupled with isolating certain frequencies of the stochastic consumption process, reveal a preference for temporal allocations. We demonstrate the usefulness of wavelets by highlighting their ability to isolate frequency and time, simultaneously. While much work has been devoted to wavelet applications of financial data, we are unaware of papers that use wavelets to analyze structural aspects of asset pricing models.     

Correlation and the pricing of risks

Given a pricing kernel we investigate the class of risks that are not priced by this kernel. Risks are random payoffs written on underlying uncertainties that may themselves either be random variables, processes, events or information filtrations. A risk is said to be not priced by a kernel if all derivatives on this risk always earn a zero excess return, or equivalently the derivatives may be priced without a change of measure. We say that such risks are not kernel priced. It is shown that reliance on direct correlation between the risk and the pricing kernel as an indicator for the kernel pricing of a risk can be misleading. Examples are given of risks that are uncorrelated with the pricing kernel but are kernel priced. These examples lead to new definitions for risks that are not kernel priced in correlation terms. Additionally we show that the pricing kernel itself viewed as a random variable is strongly negatively kernel priced implying in particular that all monotone increasing functions of the kernel receive a negative risk premium. Moreover the equivalence class of the kernel under increasing monotone transformations is unique in possessing this property.      

The pricing of sentiment risk in European stock markets

This paper studies whether sentiment is rewarded with a significant risk premium in the European stock markets. We examine several sentiment proxies and identify the Economic Sentiment Indicator from the EU Commission as the most relevant sentiment proxy for our sample. The analysis is performed for the contemporaneous excess returns of EA-11 stock markets in the period from February 1999 to September 2015. We apply a conditional multi-beta pricing model in order to track the variation of the sentiment risk premium over time. The results demonstrate a positive significant relationship between sentiment and contemporaneous excess returns which is consistent with previous studies. The calculated sentiment risk premium is significant as well but negative implying that an investment in EA-11 countries over the examined time period – that is bearing sentiment risk – would have been unattractive to the investors on average.