The ACVA was established to reduce disputes with subjects and ensure the security of customs duties. However, it remains to be seen how an importer-approved ACVA would be considered by income tax authorities in the review of business-to-business pricing for income tax purposes. Prior to joining KPMG, Gil Won led the transfer transfer practice to Kim-Chang, Korea`s largest law firm, and helped implement his Chinese tax practice. It concluded the first Korean-Chinese APA and the first APA on intragroup service transactions in Korea. In recent years, the Korean government has tightened transfer pricing rules. Gil Won Kang, Dong Kwan Kim and Pius Tae Hyun Park of KPMG korea. The agreement may allow tax officials to verify whether a subsidiary operating in China intentionally marked or reduced the prices of goods and services it received from its South Korean parent company in order to pay less tax. The agreement — which was colored in Beijing between National Tax Services Commissioner Kim Hyun-jun and his Chinese counterpart Wang Jun — would allow some South Korean companies to be exempted from Chinese tax investigations into transactions, according to the National Tax Service, without giving further details on the number of South Korean companies that will benefit from them. Between 2015 and 2017, South Korea and China signed a separate advance price agreement, which gives tax benefits to seven other South Korean companies.
More than 27,400 South Korean companies are active in China and $66.5 billion has been invested to date. Two-way trade between South Korea and China reached $268.6 billion in 2018, up from $240 billion the previous year. China is South Korea`s largest trading partner. (Yonhap) Among the tax measures contained in the pending bill are provisions that would extend the retroactive filing period for applications for advance price agreements (APAs) and revise the rules on mutual agreement procedures (MAP). Kim Hyun-jun (left) and his Chinese counterpart Wang Jun in Beijing shake hands after signing an award (Yonhap) on September 4, 2019 in Beijing (Yonhap) during his tenure as tax controller, he participated in various tax controls on settlement prices, favorable interest, operating sites, capitalization and offshore tax evasion. In recent years, transfer pricing issues have attracted the attention of Korean tax authorities. Considerable efforts were made to strengthen transfer pricing rules, which included a number of changes, one of which was attributed to the latest OECD guidelines of July 2010 and the development of transfer pricing specialists within the Korean National Tax Service (NTS). As a result, multinational companies operating in Korea have been subject to a more in-depth review of transfer pricing and involve considerable costs to comply with enhanced transfer pricing rules. Subjects who pay high licence fees, intragroup service fees and/or commissions on the basis of sales to foreign subsidiaries are at higher risk of transfer pricing challenges on the part of the NTS. Pius is the Senior Director of Global Transfer Pricing Services at KPMG Korea.
He has 9 years of experience in the field of international taxation. He has led numerous transfer pricing projects in North America, Asia and Europe, including supply chain/value chain restructuring, APA/MAP negotiations, intragroup service agreements and transfer pricing documents for multinational companies across a wide range of industries. In Korea, it has often been difficult for tax payers who import from foreign subsidiaries to obtain tax refunds resulting from transfer pricing adjustments and vice versa. In order to reconcile the differences between transfer prices and customs assessment methods used by the two tax authorities, the Ministry of Strategy and Finance amended the LCITA and the Korea Customs Act to harmonize transfer prices and customs rules.