Regulations Governing Assessment of Profit-Seeking Enterprise Income Tax on Non-Arm's-Length Transfer Pricing
Where a profit-seeking enterprise that is resident in the ROC is a constituent entity of an MNE Group, it shall prepare a group master file containing the following information when filing income tax returns and submit the same to the local tax authority within one year after the end of the fiscal year; if there are two or more constituent entities of the same MNE Group that are resident in the ROC, the MNE Group may designate one of such constituent entities to submit the master file:
1. Organizational structure:
Chart illustrating the MNE’s legal and affiliated or controlling relationship or ownership structure and operating geographical location of entities.
2. General description of MNE’s businesses:
(1) Important drivers of business profit.
(2) A description of the supply chain and the main geographic markets for the group’s five largest products and/or service offerings by turnover plus any other products and/or services amounting to more than 5% of group turnover.
(3) A list and brief description of important service arrangements between members of the MNE Group, other than research and development (R&D) services, including a description of the capabilities of the principal locations providing important services and transfer pricing policies for allocating services costs and determining prices to be paid for intra-group services.
(4) An analysis describing the principal contributions to value creation by individual entities within the group, i.e., key functions performed, important risks assumed, and important assets used.
(5) A description of important business restructuring transactions, acquisitions, and divestitures occurring during the fiscal year.
3. MNE Group’s intangibles:
(1) A general description of the MNE’s overall strategy for the development, ownership, and exploitation of intangibles, including location of principal R&D facilities and location of R&D management.
(2) A list of intangibles of the MNE Group that are important for transfer pricing purposes and which entities legally own them.
(3) A list of important agreements among constituent entities related to intangibles, including cost contribution arrangements, principal research service agreements, and license agreements.
(4) A general description of the group’s transfer pricing policies related to R&D and intangibles.
(5) A general description of any important transfers of interests in intangibles among constituent entities during the fiscal year concerned, including the entities, countries or jurisdictions, and compensation involved.
4. MNE’s intercompany financial activities:
(1) A general description of how the group is financed, including important financing arrangements with non-members of the MNE Group.
(2) The identification of any members of the MNE Group that provide a central financing function for the group, including the country or jurisdiction under whose laws the entity is organised and the place of effective management of such entities.
(3) A general description of the MNE’s general transfer pricing policies related to financing arrangements between constituent entities.
5. MNE Group’s financial and tax positions:
(1) The MNE Group’s annual consolidated financial statement for the fiscal year concerned if otherwise prepared for financial reporting, regulatory, internal management, tax, or other purposes.
(2) A list and brief description of the MNE Group’s existing unilateral advance pricing agreements and other tax rulings relating to the allocation of income among countries.
Chinese translation of the file shall be attached if the master file in the preceding paragraph is provided in a foreign language. If the master file is in English, the Chinese translation of the file may be provided within one month following the delivery of the tax collection authorities’ written notice requiring the translation. In the event that the required translation cannot be provided within the prescribed time limit, the profit-seeking enterprise may apply for an extension with the reason to the tax collection authority prior to the deadline. The extension can be granted only once and cannot exceed one month.
A profit-seeking enterprise within the ROC being a constituent entity of an MNE Group may be exempt from the provisions in the preceding two paragraphs if the enterprise's total revenue, the amount of cross-border controlled transactions, or other relevant matter is below the criteria prescribed by the MOF.