Research On Legal Regulation Of Transfer Pricing Of Intangible Assets

Under economic globalization,the transfer pricing behavior of multinational corporations is an important issue to be solved by all countries.Due to the pursuit of profit maximization and business strategy,multinational corporations generally use the internal transfer pricing method of the group to conduct international tax avoidance.In recent years,the arrival of the knowledge economy has promoted the development and expansion of intangible assets.The proportion and role in the value of global assets have been increasing.The objects of transfer pricing have expanded from intangible assets to intangible assets.The status of intangible assets has become increasingly prominent and has induced a series of new problems.However,the traditional transfer pricing rules for intangible assets also have problems such as unclear definition and inability to determine ownership.In response to the above issues,the BEPS Action Plan was conducted internationally to solve related problems by constructing new rules and regulations.As an important party in the world economy today,China is also an active participant in the BEPS Action Plan.In order to safeguard China's tax benefits in economic exchanges,it is necessary for China to draw lessons from the relevant experience in the transfer pricing tax system for intangible assets in the world and formulate a legal taxation system for transfer pricing of intangible assets that suits China' s national conditions.There are also many defects and deficiencies in the legislation concerning the transfer pricing tax system of intangible assets in China.Specifically,it includes the problems of relatively narrow scope of intangible assets,difficult adjustment methods,limitations on APAs,low level of exchange of international tax information,and lack of taxpayer's burden of proof.In view of the existence of the problem and the increasingly fierce BEPS action plan in the international arena,China should follow the international trend and draw lessons from the experiences of other countries to gradually improve the transfer pricing tax system for intangible assets:expand the scope of the intangible assets definition to include new types of intangible assets that appear in practice;The characteristics of assets,standardize the detailed adjustment method for transfer pricing of intangible assets,and establish a post-examination system;For the limitations of the APA,use the experience of the developed countries for reference to adjust,simplify the application process and improve the applicability;Improve tax returns in the system,taxpayers' burden of proof stipulates the inversion of the burden of proof;In addition to the improvement of the domestic system,China must also strengthen international tax coordination and cooperation,optimize the collection and exchange of tax information,and jointly deal with international tax avoidance problems caused by transfer pricing of intangible assets.