Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-q6k6v Total loading time: 0 Render date: 2024-07-10T18:25:17.470Z Has data issue: false hasContentIssue false

10 - Transfer pricing disputes in Japan

from Part III - Asia Pacific

Published online by Cambridge University Press:  05 November 2014

Eduardo Baistrocchi
Affiliation:
London School of Economics and Political Science
Ian Roxan
Affiliation:
London School of Economics and Political Science
Get access

Summary

Introduction

In December 1985 the Tax Commission, an advisory body to the Prime Minister, submitted its report on the revision of the tax system for 1986, recommending as follows:

As the recent internationalization of business progresses, the shifting of income abroad by manipulating prices in transactions with overseas specially related enterprises, that is, the problem of transfer pricing, has become important in the area of international taxation. It is difficult to deal with this matter sufficiently under the present law. Leaving this situation as is would be problematical from the viewpoint of proper, equitable taxation. Considering the fact that foreign countries are already equipped with a tax system to deal with such shifting of income overseas, it would be appropriate to stand on common ground with these foreign countries and to formulate provisions concerning the computation of taxable income to apply to corporations' transactions with their specifically related enterprises abroad, as well as to create measures contributing to the smooth operation of such a system, such as the collection of data, in order to realize proper international taxation.

Based on this recommendation, the Japanese international transfer pricing rules were enacted and codified as article 66-5 (later renumbered as article 66-4) of the Special Taxation Measures Law (STML) on 28 March 1986, with two principal purposes: to cope with the shifting of income abroad and to put Japan's tax system on a common ground with those of other nations.

Type
Chapter
Information
Resolving Transfer Pricing Disputes
A Global Analysis
, pp. 415 - 438
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Commissioner's Directive on Mutual Agreement Procedures (sogo kyogi tetsuzuki nit tsuite), 25 June 2001
NTA, Concerning the Situation of APAs Involving the Mutual Agreement Procedure in 2009 Administrative Year (November 2010) in Japanese and APA Program Report 2009 (November 2010)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×