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Advance Pricing Arrangements
From: Shenzhen Tax Service, State Administration of Taxation
Updated: 2018-11-24

[Description]

An advance pricing arrangement ("APA") refers to an agreement reached by an enterprise and tax authorities, based on the application by the enterprise and upon consultation and confirmation in line with the arm's length principle, on the transfer pricing principles and methodologies to be applied to such enterprise's related party transactions in future years. There are unilateral, bilateral and multilateral APAs. The negotiation, signature and execution of APAs usually involve 6 stages, i.e. pre-filing meeting, letter of intent, analysis and assessment, formal application, negotiation and signing, and implementation and monitoring (not applicable to renewal applications satisfying all relevant conditions).

[Materials Required]

1.An enterprise with the intention to apply for an APA shall submit to the competent tax authority for a pre-filing meeting to be held:

No.

Materials Name

Quantity

Remarks

1

APA Pre-filing Meeting Application Letter

1

2.Where agreement is reached by the enterprise and the competent tax authority during the pre-filing meeting stage, the enterprise shall, upon receipt of a Tax Matter Notice, submit to the competent tax authority:

No.

Materials Name

Quantity

Remarks

1

APA Letter of Intent

1

2

A draft unilateral (bilateral or multilateral) APA application package

1

3.Upon receipt of a Tax Matter Notice approving its submission of a formal application, the enterprise shall submit:

No.

Materials Name

Quantity

Remarks

1

APA Formal Application Letter

1

2

A Formal APA Application Package

1

Materials Conditionally Required

In case of application of unilateral or multilateral APAs

Application Form for Initiation of Mutual Agreement Procedure for Special Tax Adjustments and statements on relevant matters

1

4.To apply for renewal of an APA, an enterprise shall submit:

No.

Materials Name

Quantity

Remarks

1

APA Renewal Application Letter

1

2

A report concerning implementation of the existing APA

1

3

Materials explaining whether there have been any substantial changes to the facts and operating environment specified in the existing APA

1

4

Materials forecasting the years to come covered by the APA to be renewed

1

Materials Conditionally Required

In case of renewal of unilateral or multilateral APAs, with all renewal conditions satisfied

Application Form for Initiation of Mutual Agreement Procedure for Special Tax Adjustments

1

[Time Limit]

1.For Taxpayers

N/A.

2.For Tax Authorities

N/A.

[Result]

Results will be given by tax authorities.

[Notice to Taxpayers]

1.Taxpayers are responsible for the authenticity and legality of the materials they submit.

2.APAs are generally applicable to enterprises having a sum of related party transactions exceeding RMB 40 million in each of the three years prior to the year in which competent tax authorities serve the enterprises a Tax Matter Notice accepting their letter of intent.

3. Enterprises planning to file an application for APA shall duly perform their obligation to report related party transactions, and prepare, keep and provide contemporaneous documentation in accordance with relevant regulations.

4. In the event of any substantial changes which may affect APAs during execution thereof, enterprises shall report to the competent tax authorities in writing within 30 days of such changes, explaining in detail the impact with relevant materials attached. In case of failure to report within the prescribed time limit due to objective reasons, an extension may be granted but such extension shall not exceed 30 days.

5.An APA automatically becomes invalid upon expiration of the term thereof. An enterprise may file an application for renewal to the competent tax authority within 90 days prior to expiration of the existing APA.

6.Addresses of taxpayer service halls and the website of e-tax bureau are available on the web portals of tax authorities or by dialing the 12366 tax service hotline.

[Charge]

Free of charge.

(Note: The text above is a translation of the Chinese version for reference only. In case of any discrepancy between the two versions, the original published Chinese version shall prevail.)