Research On Tax Risk Of Intangible Asset Transfer Pricing Of Multinational Enterprises

With the rapid development of the world economy and the acceleration of the process of global economic integration,intangible assets have gradually become the core competitiveness of multinational enterprises,and related transactions of intangible assets have also increased.In order to protect the tax base of the country from being eroded and prevent multinational companies from using the transfer pricing of intangible assets to avoid tax,the tax authorities of various countries have accelerated the research on the tax laws related to the transfer pricing of intangible assets.The organization for economic cooperation and development(OECD)action plan on base erosion and profit shifting(BEPS action plan),commissioned by the group of 20(G20),in 2013,marked a shift in the focus of international tax coordination from "avoidance of double taxation" to "avoidance of double taxation".The guidance on the transfer pricing of intangible assets issued by OECD in 2014 further clarified the specific definition and adjustment principles related to the transfer pricing of intangible assets.In the guidance,it proposed for the first time that in order to ensure that the results of the transfer of intangible assets are consistent with the value creation,functional risk analysis method should be adopted for all related parties of intangible assets.This brings more risks and challenges for multinational enterprises in the process of intangible assets transfer pricing.Therefore,in the current increasingly severe international tax environment,it is particularly important for multinational enterprises to control the tax risks of transfer pricing of intangible assets.Based on the current policy environment of transfer pricing and from the perspective of multinational enterprises,this paper takes the tax risks related to the transfer pricing of intangible assets of multinational enterprises as the main research object,first,it introduces the background and research significance of the topic,Literature Review at home and abroad and main research ideas;Second,it analyzes the relevant theories of intangible asset pricing of multinational enterprises,this paper explores the extension of the principle of gross profit,which is not generally accepted by all countries at present,with the goal of adjusting the intangible asset transfer pricing,and combining the functional risk analysis method,the paper also analyzes the concept,formation mechanism,causes and types of tax risk in intangible asset pricing of multinational enterprises;The third part analyzes the domestic and foreign policy of intangible asset transfer pricing of multinational enterprises and the tax risk in theexecution of the policy;Fourthly,three typical multinational enterprises("import","go abroad" and "international")are selected as the research samples,this paper analyzes the tax risk in three stages when multinational enterprises transfer pricing intangible assets by using five pricing methods of intangible assets transfer,it is divided into three stages: the beginning stage of the affiliated transaction of intangible assets,the formulation stage of the transfer pricing of intangible assets,and the completion stage of the affiliated transaction of intangible assets.It also analyzes and summarizes the causes of the tax risk of multinational enterprises,including the improper choice of intangible asset pricing method,the absence of tax risk assessment system of intangible asset transfer pricing,the lack of effective pre-contract pricing arrangement,the lack of advanced technology application in enterprise tax risk management,and the lack of professional international tax talents,the relative weakness of tax paying consciousness of intangible assets transfer pricing;The fifth part puts forward six countermeasures: multinational enterprises should choose reasonable transfer pricing method of intangible assets,multinational enterprises should establish intangible asset risk evaluation system,multinational enterprises should adopt effective pre-contract pricing arrangement mechanism,multinational enterprises should apply block chain technology to the tax administration of transfer pricing of intangible assets,multinational enterprises should establish financial team with international tax expertise,multinational enterprises should strengthen the tax consciousness of transfer pricing of intangible asset.