Research On My Country's Transfer Pricing System Under The BEPS Action Plan

Under the background of globalization and economic integration,the influence of transnational corporations on global economic activities has become increasingly prominent,and the economic benefits and internal transactions have increased.The unreasonable transfer pricing causes the unreasonable transfer of profits between different countries.With the improvement of China's economic openness,transfer pricing has also become a difficult problem,which has attracted the attention of tax authorities.However,the management ability of transfer pricing is not enough and the lack of experience,which makes the tax protection of our country have a bigger gap.In order to protect China's tax interests and enhance China's international competitiveness,it is necessary to regulate the transfer pricing of transnational corporations.This paper will study the transfer pricing system in China from a legal perspective and put forward suggestions for improvement.The article is mainly composed of four parts:The first part is the introduction.It expounds the research background and significance,literature review,research methods and innovation and shortcomings of this paper and defines the key concepts of transfer pricing system.In addition,it puts forward some research questions.The second part introduces the results of the transfer pricing provisions in the BEPS Action Plan.This paper not only introduces each research result,but also points out the influence of BEPS action plan on international transfer pricing,which provides a basis for our study and further improvement.The third part introduces the current situation and shortcomings of transfer pricing system in China.This paper introduces the historical evolution of transfer pricing legal system in China and the signing status of international tax treaty in China.Focusing on the transfer pricing adjustment methods stipulated in our country at present and the sequence principle of choosing transfer pricing adjustment method and the advance adjustment method of transfer pricing-advance pricing agreement.Through the specific transfer pricing cases,which from the case background,case issues,controversial focus,treatment results and case evaluation,we find the shortcomings of current transfer pricing system,such as,the lack of penalty provisions,the lack of intangible assets transfer pricing,and the system of burden of proof for affiliated enterprises.The fourth part is the suggestions of improving the transfer pricing system in China.This part is the key part of this article.Through the research on transfer pricing theory at home and abroad and the analysis of practical cases in China,combined with the current legislative situation in China.Starting from the existing laws and regulations,coordination mechanism and implementation suggesting the relevant provisions to improve the legal system of transfer pricing.