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CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON INTENSIFYING INVESTIGATION INTO AND ANALYSIS OF TRANSFER PRICING

Circular of the State Administration of Taxation on Intensifying Investigation into and Analysis of Transfer Pricing

Guo Shui Han [2007] No. 363

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government, and cities specifically designated in the state plan,

With a view to regulating the investigation into and analysis of the cases concerning transfer pricing of all regions and enhancing
the quality of such investigations, the related issues are hereby clarified as follows in accordance with Article 51 of the Detailed
Rules for the Implementation of the Law of the People’s Republic of China on the Administration of Tax Collection and the related
provisions in the Rules of the State Administration of Taxation for the Taxation Management Rules for the Businesses between Associated
Enterprises (Guo Shui Fa [2004] No. 143 ):

1.

Every region shall intensify the functional risk analysis of the enterprises under investigation, and the enterprises that accept
the transfer pricing investigation shall fill in the Analysis Form on Enterprise Functional Risks. The competent taxation authority
shall fill in the Confirmation Form on the Analysis of Enterprise Functional Risks in light of the Analysis Form on Enterprise Functional
Risks as filled in by the enterprise and by referring to other related conditions it has known through investigation, and shall submit
these two forms to the State Administration of Taxation together.

2.

Every region shall intensify the related financial analysis of associated transactions conducted by the enterprises under investigation,
and fill in the Financial Analysis Form on the Associated Transactions between Enterprises on the basis of anti-tax avoidance investigation,
and report it and the archival filing report and the case settlement report to the State Administration of Taxation.

Attachments:

1.

Analysis Form on Enterprise Functional Risks (omitted)

2.

Confirmation Form on the Analysis of Enterprise Functional Risks (omitted)

3.

Financial Analysis Form on the Associated Transactions between Enterprises (omitted)

State Administration of Taxation

March 27, 2007



 
State Administration of Taxation
2007-03-27

 







CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ABOUT MATTERS REGARDING THE CONTROL OF FOREIGN EXCHANGE WITH RESPECT TO CROSS-BORDER TRANSPORTATION OF CARGOS IN DOMESTIC TRADE

Circular of the State Administration of Foreign Exchange about Matters Regarding the Control of Foreign Exchange With Respect to Cross-border
Transportation of Cargos in Domestic Trade

Hui Fa [2007] No.21

The branches and foreign exchange departments of the State Administration of Foreign Exchange in all provinces, autonomous regions,
and municipalities directly under the Central Government, as well as the municipal branches of the State Administration of Foreign
Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:

In order to implement the national strategic deployment of revitalizing Northeast old industrial bases and support the pilot work
of shipping the domestic trade cargos of Heilongjiang Province to the costal areas of Southeastern China by passing Russia, several
matters regarding the control of foreign exchange with respect to cross-border transportation of domestic trade cargos are hereby
notified as follows:

1.

In the case of any pilot work of shipping the domestic trade cargos of Heilongjiang Province to the costal areas of Southeastern China
by passing Russia, the transactions between trading enterprises shall be valuated and settled in RMB given that the customs manage
the said cargos under the surveillance method of cross-border transportation of domestic trade cargos (code: 9600).

2.

With respect to the domestic trade cargos that are transported outside the territory of China, the customs will not verify and release
the said cargos upon the verification and write-off form of export proceeds and the foreign exchange bureau will not handle the write-off
formalities for export proceeds due to the surveillance method that is one under which it is not necessary to adopt the verification
and write-off form of export proceeds.

3.

In case both the carrier and carrying ship are of Chinese nationality, the freight charges, insurance premiums and other relevant
charges shall be valuated and settled in RMB. With respect to the port charges, fuel costs and other transportation-related expenses
incurred to the carrier outside the territory of China, the carrier shall make foreign payments upon relevant vouchers and bills
through a bank under the current provisions on foreign exchange control.

4.

This Circular shall enter into force as of the promulgation date.

Appendix: Announcement No.5, 2007 of the General Administration of Customs of the People’s Republic of China (omitted)

State Administration of Foreign Exchange

April 16, 2007



 
State Administration of Foreign Exchange
2007-04-16

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...