CONSULT TO PREPARE DOCUMENTATIONS FOR ANTI-TRANSFER PRICING
Vietnamese regulation in force on the transfer pricing
Article 7.2.2 of the Circular 66/2010/TT-BTC requests upon making settlement of enterprise income tax enterprises shall be responsible for declaring their associated transactions according to form GCN-01/QLT provided in Appendix 1-GCN/CC to this Circular. The deadline for submission of this form is also the deadline for submission of the enterprise income tax finalization declaration.
Parties shall be considered parties having associated relations in any of the following cases:
Either A or B directly or indirectly:
- holds at least 20% of investment capital of the other (type a);
- is the biggest shareholder holding over 10% of investment capital of the other (type d);
- control more than 50% sales of the other (type l).
Either A or B:
- provides the other a guarantee or loan at least 20% of investment capital of the other (type e);
- provides the other a guarantee or loan over 50% of the other’s loans (type e);
- appoints over 50% number of its members to the management of the other (type f);
- appoints its members with right to make decision on finance to the management of other (type f);
- uses the other’s intangible property or intellectual property rights (type j);
- has over 50% of the total value of raw materials, materials, supplies or input products provided by the other (type k);
- have business co-operation (type m).
Both A and B directly or indirectly:
- have at least 20% of their investment capital held by a third party (type b);
- hold at least 20% of investment capital of a third party (type c);
- have over 50% of number of members of their management from a third party (type g);
- managed or controlled in personnel, financial and business affairs by individuals being members of a family (type h);
- have the relationship of head office and resident establishment or are resident establishments of the same foreign organization or individual (type i).
Requirements of keeping and provision of information, documents and source documents
Enterprises having associated transactions shall have the obligation as well as responsibility to store and produce information, documents and evidence already used as grounds for the application of methods or determining the market price of products in such associated transactions at the request of tax offices when conducting examination or inspection. Information, documents and evidence related to production and business activities and methods of determining market prices of associated transactions must be established at the time of arising of associated transaction, updated and supplemented throughout the time of performance of the transactions and preserved under the provisions of the accounting, statistics and tax laws regarding preservation of accounting vouchers and books.
Enterprise shall be obliged to prepare a file including the following information, documents and source documents relating to a related transaction:
- General information on the business establishment and associated parties;
- Information on transactions conducted by enterprises;
- Information on methods of determining market prices.
Our scope of service
- Comment / develop transfer pricing policies.
- Prepare the report on associated transactions.
- Develop relevant documentation to support the report on related transactions.