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Apr 2009, Issue 9

Useful clarification on transfer pricing measures
      
Just a few weeks before the first filing deadline for China's new Corporate Income Tax ("CIT") Return Package, China's State Administration of Taxation ("SAT") organised a full-day seminar in Beijing on 31 March 2009 to provide further clarification on China's latest administration rules on the "Special Tax Adjustments".  These rules were released on 9 January 2009 in the form of Guo Shui Fa [2009] No. 2 entitled the Implementation Measures of Special Tax Adjustments (Trial) ("Circular 2"), relating to the rules of contemporaneous transfer pricing documentation, cost sharing, thin capitalisation, controlled foreign corporation, and general anti-avoidance (please refer to our News Flash 2009 Issue 1 for the general understanding of Circular 2).
  
Through this seminar, the SAT held an open dialogue with taxpayers, their representatives, and tax practitioners not only asking them to provide feedback on Circular 2, but also addressing their questions on any ambiguous terminology or interpretation.  This Issue of News Flash highlights the key messages we collected from this SAT seminar.

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