Comprehensive transfer pricing – 15 Asia Pacific countries – 400 pages: Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, New Zealand, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, Vietnam.
Transfer Pricing ASIA
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Transfer Pricing Asia Overview

Transfer Pricing Asia
Robert Feinschreiber, Esq.
Attorney and Counselor
Margaret Kent, Esq.
Attorney and Counselor

Taiwan Transfer Pricing

The R.O.C.’s Regulations Governing the Assessment of Profit-Seeking Enterprise Income, Taiwan’s transfer pricing regulations, require each taxpayer to prepare a Transfer Pricing Report and submit it to the Ministry of Finance, doing so far in advance of any contemplated tax audit.

The objective is to realize “fair and legitimate” taxation impacting controlled transactions between a profit-seeking enterprise and its related parties. The taxpayer is to apply the “most applicable” or “most appropriate” transfer pricing method to evaluate whether the result of the controlled transaction is at arm’s length. An enterprise that undertakes a controlled transaction can obtain an APA if the amount of the APA transactions are no less than NT$ 1 billion or the annual amount of such transactions are NT$ 500 million.

The tax authorities-in-charge can undertake an investigation when they perceive that a profit-seeking enterprise might be undertaking activities that are incompatible with the arm’s length principle. Transfer pricing penalties can be two times the arm’s length price, as assessed by the tax administration, when the increase is 10 percent annual taxable income and 3 percent of annual net business revenue, or when business cannot provide a transfer pricing report, and other documents evidencing that result that the transaction is an arm’s length.

Feinschreiber & Associates
Robert Feinschreiber & Margaret Kent

1121 Crandon Blvd. F301
Key Biscayne, FL 33149
Primary Phone: 305.361.5800
or 305.505.9200
Fax: 305.365.2276