Hong Kong’s Inland Revenue Department on 4 March 2020 announced that Hong Kong and China entered into an arrangement for automatic exchange of country-by-country (CbC) reports. The CbC report exchange arrangement applies retroactively to accounting periods beginning on or after 1 January 2018 (i.e., those ending on or after 31 December 2018).
The arrangement effectively relieves Hong Kong entities of reportable groups having ultimate parent entities as tax residents of China from having to make any CbC filing in Hong Kong. These Hong Kong entities, however, must inform the Inland Revenue Department of this relief by making a filing via the CbC online portal on or before 31 March 2020.
The automatic exchange of CbC reports between Hong Kong and China provides administrative relief to Hong Kong taxpayers of China-based reportable groups. Even if these taxpayers previously notified the Inland Revenue Department of their filing obligation under section 58F of the Inland Revenue Ordinance, they are now relieved from their filing obligation and can simply notify the tax department of their revised position. These taxpayers need to note the 31 March 2020 date for this action step.
The agreement provides for the exchange of information and collaboration between the tax authorities of Hong Kong and China on a more frequent and timely basis, causing allocation of profit and business activities among multinational group entities to be revealed to tax authorities—and this could result in more transfer pricing audits by both tax agencies. Accordingly, taxpayers in Hong Kong and their related-party transaction counterparties in China need to consider reviewing their current transfer pricing arrangements and to put proper documentation (Master and Local files) in place before the additional data might be presented to the tax authorities through the enhanced exchange mechanism.
For more information, contact the Global Leader of KPMG’s Global Transfer Pricing Services:
Komal Dhall | +1 212 872 3089 | firstname.lastname@example.org
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