이전가격과세제도의 국제적 추이 분석과 정책적 시사점

As the global economy recovers for the recent years, tax authorities of many governments struggle to tax multinational enterprises which are increasingly outsourcing back office services and moving munufacturing facilities to countries with lighter tax regimes. Especially, Korea suffers from increasing excess of outbound FDI over inbound FDI even in manufacturing industry for the past 4 years. Each country’s transfer pricing rule, which the tax administration establish how multinationals allocate costs and profits between national subsidiaries, tends to be globally harmonized with the need to recipricity principle. In this report, fourteen basic Transfer Pricing cases are analysed in the history of how the U.S. IRC Section 482 has been evolved. Especially we examine which economic method (ex. CUP, RPM, CPM, etc.) of determining arm's length price was critical in each key legal cases. We also analyse the formation of OECD Transfer Pricing Guidelines in terms of economic approach to arm's length price. With the understanding of these U.S. and OECD history of Transfer Pricing practice, we explore the policy suggestion to Korean Transfer Pricing Taxation. Major findings of this report is as follows: 1) The concept of ALP cannot be perfect competitive equilibrium price in economics sense. The various methods of determining transfer price could be best understood as the reasonable way of deriving hypothetical prices under the specific terms and conditions of transactions. 2) U.S. courts tends to settle down with the compromised solution. Especially, the expert opinions based on professional economic analyses in the existing and new transfer pricing methodologies become auxiliary, and courts take the approach of ‘Your guess is not better than mine’. 3) With the issue of OECD transfer price guidelines in 1995, the arm's length principle was emphasized as the undisputed starting point when dealing with the tax effects of transfer pricing, as was a transactional approaches the preferred application. Especially, the OECD in its concern to match approaches to transfer pricing in different parts of the world went so far as to create a new method called ‘the transactional net margin method’ (TNMM) that resulted from the conversion of the US testing approach to a price setting method. ,

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