다국적기업 이전가격 평가 개선 방안 연구

Abstract

The transfer price is one of the most representative business strategies of multinational enterprises to maximize their profits. Multinational enterprises transfer their profits to the countries with low tax rate through controlling international transfer price. In case of our country, to prevent this type of tax evasion, the National Tax Service has legislated and administered the 'Adjustment of International Taxes Act'. The Korea Customs Service has also adopted WTO Customs Valuation Agreement and evaluated the propriety of the transfer price.

When these acts are applied, there is possibility for the taxpayer to bear double taxation because the different views between two taxation authorities in terms of transfer price generate conflicts. Thus, it is expected to take considerable time to derive practical and detailed harmonizing plans even though the OECD and the WCO try to find the harmonization between transfer price taxation system of the National Tax Authorities and the customs valuation system of the Customs authorities. So this study focuses on the customs valuation for the transfer price executed by present Customs authorities.

The present customs valuation regulation prescribes that if special relation affects the transaction value in the case of trade between special relations, taxation authorities can estimate and impose the dutiable value after disapproving the declared transfer price. In this case, because the conflicts between tax authorities and taxpayer take place, regardless of what special relations affect or not, they may cause some side effects, such as increase of taxpaying cooperation price for taxpayer and waste of administration for tax authorities. To make reasonable customs valuation on transfer price, this study seeks to verify whether special relations concerned with multinational enterprises affect transfer price or not.

There are two ways of judging its effect on transaction value by applying the WTO Customs Valuation Agreement and the Customs Act. One is to compare between transaction value of concerned goods and that of independent parties without special relation. The other is to implement trade status analysis concerning sale between traders.

Firstly, this study suggests improvement proposals with impartial obligation after reviewing obligations between tax authorities and taxpayer as for whether special relation affects transaction value or not. Then, it suggests problems and improvement proposals after reviewing present regulation on above 2 ways of verification. Also it considers them by comparing verification regulations of major countries, such as America, Australia and Japan.

This study seeks to find problems and to suggest improvement proposals in order to secure propriety and rationality of customs valuation on transfer price of multinational enterprises, focusing on the review whether special relation affects transfer price or not. Next study with more specified and rational verification method is needed to accomodate mutual accept of verification result between taxpayer and customs authorities.