A new transfer pricing regime in Japan, effective 1 April 2016, generally puts into effect the provisions under Action 13 of the OECD’s base erosion and profit shifting (BEPS) project requiring country-by-country (CbC) reporting.
Taxpayers required to submit a CbC report are:
In addition, domestic corporations of MNE groups and foreign corporations of MNE groups that have PEs in Japan are required to submit the basic information of the ultimate parent company including the name, the principal place of business or the place of control over the business, the name of the representative person, and enterprise identification number (if available).
Taxpayers required to submit a Master file are domestic corporations of MNE groups and foreign corporations of MNE groups that have PEs in Japan.
There is no requirement for the scheduled submission of the Local file. However, a taxpayer must prepare the Local file on a contemporaneous basis and must keep it for seven years. The recordkeeping requirement can be extended to 10 years under certain circumstances.
A taxpayer with intercompany transactions less than JPY 5 billion (i.e., the total amount of both payment and receipt) and intangible transactions of a value of less than JPY 300 million is exempt from the Local file requirement. Taxpayers must begin to prepare the first Local file for the fiscal year starting on or after 1 April 2017.
The deadline to prepare the Local file is the same date as the due date for filing the return, and this is a “tight” deadline in Japan. The taxpayer has only about three months after the fiscal year-end to prepare the tax return (when the consolidated tax return is not elected) including an extension. Therefore, advance preparation—including the preparation of the template, etc.—would be prudent.
Further, the new transfer pricing regulation introduces a penalty when there is a failure to submit the required documentation. The penalty relating to the CbC report and Master file requirements will be imposed when the submissions are late. The penalty for the Local file, however, will be imposed only when a taxpayer fails to submit the documentation within a certain period of time after a request made by the tax examiner.
Lastly, the submission of the CbC report and Master file is required “electronically.” This means that tax authorities of countries having tax treaties with Japan may easily exchange the data and develop a database of taxpayers in each jurisdiction. Therefore, the ultimate parent company of a multinational corporation would want to reconfirm that its transfer pricing policy is globally consistent and is consistently described in each jurisdiction. One option may be for the parent company to re-establish the transfer pricing policy and define what is to be included in the Master file to avoid potential misunderstandings with the tax authorities before preparing the three-tiered documentation.
For more information, contact a tax professional with KPMG’s Global Transfer Pricing Services group:
Koichiro Fujimori | +81362298050 | email@example.com
Steve Wrappe | +1 408 367 4185 | firstname.lastname@example.org
Yuri Numata | +1 202 533 5381 | email@example.com
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