Feb 23, 2012

Vietnam - Vietnam govt to crack down on transfer pricing



Vietnam will tighten price control of foreign-invested enterprises to avoid tax losses and ensure fairness for local firms, said a taxation official.

The General Department of Taxation under the Ministry of Finance has made a petition to the National Assembly (NA) on supplementing the advance pricing agreement (APA) mechanism to prevent transfer pricing at FDI enterprises.

Under APA, multinational taxpayers in Vietnam must take the initiative to suggest pricing measures or the price level when conducting trade between members of the same group before declaring taxes to local tax agencies.

On the other hand, tax agencies will supervise the price list of the items registered by enterprises either by themselves or in coordination with foreign tax agencies that have signed agreements on double taxation avoidance with Vietnam.

Cao Anh Tuan, deputy head of the General Taxation Department told a press briefing earlier this week in Hanoi to reveal some contents of the amended Tax Management Law that the tax authority had increased inspection of transfer pricing with limited effectiveness.

In response to the local media’s question about how the tax authority identified the authenticity of price declarations of FDI enterprises given the forex rate volatility, Tuan said when FDI firms invested in Vietnam, they made long-term business strategies which take into account the forex rate factor.

He explained APA would not overlap the price management draft law which is currently sparking concern among the business community.

APA has been applied in the member nations of the Organization for Economic Co-operation and Development (OECD) as well as regional countries like China, Thailand, Indonesia, Malaysia and Singapore.

Under this mechanism, tax agencies and multinational companies make commitments on prices according to market principles.

Transfer pricing has caught more attention of State management agencies as there are concerns that FDI enterprises will not pay taxes and cause harm to the local business environment.

Deputy Minister of Investment and Planning Dang Huy Dong recently said his ministry had prepared a technical assistance project to study transfer pricing issues which he described as very complicated.

The application of APA to tackle transfer pricing is one of the contents of the draft on the amended Tax Management Law to be submitted to NA this May.

NA will consider approving this draft on October for the law to take effect in early 2014.

Tuoi Tre



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