A Case Study on International Transfer Prices of Multinational Enterprises: An Analysis of Judicial Precedents
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초록
International transfer pricing refers to prices determined internally within the corporate system through intra-firm transactions either between manufacturing departments and international departments, or headquarters and overseas subsidiaries, or among overseas subsidiaries. The international transfer price makes it possible to arbitrarily decide on the transaction price between the related parties through international transactions and to utilize the different tax system (tax rate) of each country, thereby enabling tax avoidance through transfer price manipulation. This not only raises international friction but also causes disputes between tax authorities that have unilaterally reduced tax revenue. In this study, we investigated in the cases of Renault Samsung Korea and GM Korea and the judgments of the Supreme Court and Seoul High Court on international transfer pricing. Moreover, we examined the position of the National Tax Service and the Korea Customs Service on international transfer prices. Lastly, we introduced tax authorities’ countermeasures such as MAP (Mutual Agreement Procedure) and APA (Advance Pricing Arrangement) to solve the international transfer pricing problem.
Abstract
International transfer pricing refers to prices determined internally within the corporate system through intra-firm transactions either between manufacturing departments and international departments, or headquarters and overseas subsidiaries, or among overseas subsidiaries. The international transfer price makes it possible to arbitrarily decide on the transaction price between the related parties through international transactions and to utilize the different tax system (tax rate) of each country, thereby enabling tax avoidance through transfer price manipulation. This not only raises international friction but also causes disputes between tax authorities that have unilaterally reduced tax revenue. In this study, we investigated in the cases of Renault Samsung Korea and GM Korea and the judgments of the Supreme Court and Seoul High Court on international transfer pricing. Moreover, we examined the position of the National Tax Service and the Korea Customs Service on international transfer prices. Lastly, we introduced tax authorities’ countermeasures such as MAP (Mutual Agreement Procedure) and APA (Advance Pricing Arrangement) to solve the international transfer pricing problem.
참고문헌 (25)
- Hong, B. K, "Policy Tasks and System Improvement of Income Taxation in International Financial Transactions", Korea Institute of Public Finance (2004)
- 홍승범, "국제조세분쟁 사례연구-이전가격을 중심으로", 회계정보연구, 22(1), pp.213~230 (2004), 한국회계정보학회
- 김동수, "원가분담약정 중도참여대가에 관한 미국 법원의 최근 판례에 대한 소고", 조세학술논집, 33(3), pp.209~242 (2017), 한국국제조세협회[DOI]
- Kim, H. W, "Study on the Requirements of Customs Duties for the Use of Rights", Judicial Law, 1(14) (2015)
- Kim, J. B, "Factors Affecting Transfer Pricing of Multinational Enterprises and Case Analysis", Management Accounting Research, 5 (2005)
- Kim, J. J, "Transfer pricing system for multinational corporations", Financial Forum, 23 (1999)
- Kim, J. S, "Problem of Transfer Pricing Taxation of Guarantee Fee Received by Domestic Parent Company Guarantees to Foreign Subsidiaries", Quarterly Taxation, 32(4) (2014)
- Kim, K. J, "An Empirical Study on the International Transfer Price Manipulation of Multinational Corporations", Journal of Korean Institute of Industrial Economics, 14(4) (2001)
- Kim, Y. C, "Recent Trends in International Taxation on International Taxation and the Tasks of Korea and China", Tax and Accounting Journal, 7(1) (2006)
- Kim, Y. G, "An Empirical Study on the Determinants of International Transfer of Korean Firms", Management Research, 27(4) (1998)
- Kim, Y. S, "Legislative Measures to Accept Transfer Prices Recognized in Internal Taxation at Customs Tax Price", Laws and Regulations, 56 (2016)
- Ko, K. J, "A Study on the Transfer of Income and Minimization of Taxes Using Transfer Prices of Multinational Corporations", Journal of Accounting Research, 25(2) (2000)
- "Judicial precedent"[URL]
- 이창희, "이전가격 세제의 회고와 전망", 서울대학교 법학, 49(4), pp.455~517 (2008), 법학연구소
- Lee, C. R, "International Marketing" (2018), Muyeog Gyeong Yeong Sa
- "precedent"[URL]
- National Tax Service, , 23rd Korea-China Tax Commissioner Meeting (2017)
- OECD, "Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations" (2017)
- Park, C. H, "Effects of intra-firm trade on income transfer of overseas subsidiaries", Korea International Business Management Conference (2018)
- Park, H, "Taxation and Law, 4" (2012)
- Park, H. S, "A Study on Taxation Measures for the Transfer Prices of Multinational Corporations", International Trade Research, 11 (2015)
- Park, J. W, "Study on the Normal Price Calculation Method for Transfer Price of Intangible Assets", International Transaction Law Research, 14(2) (2005)
- Shin, M. H, "Case Study on Customs Valuation for Transfer Price", Conference on Korean Customs Union (2010)
- "judicial precedent"[URL]
- Customs Service, "Customs Administrative Explanation Data for 2015", ~ (2015)