Business Daily Media
Times Affiliate Marketing


.

Cheng & Cheng reveals the importance of balancing interests of HKIRD in Transfer Pricing matter

HONG KONG SAR - Media OutReach - 14 September 2022 - After implementing Transfer Pricing Law for a few years, Hong Kong Inland Revenue Department is now ready to impose more Transfer Pricing Audit on Hong Kong Tax Payers and request taxpayers to prepare and submit Transfer Pricing Documentation.
Cheng & Cheng Taxation Services Limited (“Cheng & Cheng Taxation”) will further reveal the importance of balancing interests of HKIRD in Transfer Pricing, with the below discussion areas:

  • two common scenarios when the IRD carries out transfer pricing adjustment in Hong Kong;
  • the penalties of lacking proper documentation; and
  • the reasons of preparing benchmarking studies.


    Renowned for being one of the lowest tax rate jurisdictions, and for its conducive business environment, Hong Kong is a place in which multinational corporations (MNCs) tend to allocate more profits in order to lower the overall group effective tax rate. The Hong Kong Inland Revenue Department (IRD) definitely welcomes this. However, with the adoption of Automatic Exchange of Information (AEOI), tax filings submitted to the IRD may be shared with other tax authorities. As such, the transfer pricing policies of MNCs must balance the interests of all relevant tax authorities, not limited to the IRD. Henry Kwong, Tax Partner of Cheng & Cheng Taxation said "MNCs should not overlook the importance of Hong Kong in their Transfer Pricing Policy, from both a compliance and tax planning perspective."

    There have previously been occasions where a group sacrificed Hong Kong in their transfer pricing policies. However, with the implementation of the transfer pricing law in July 2018, tax adjustments can now be made to Hong Kong entities with a less than reasonable level of profits. More importantly, penalties up to the amount of tax undercharged can be imposed in the absence of proper transfer pricing documentation.

    Scenario 1: Assigning big losses to Hong Kong entities during a recession

    Thanks to the closure of border due to Covid-19 pandemic and skyrocketing inflation across the globe, the year 2022 has undoubtedly been a difficult one for MNCs and Mainland China Enterprises. It can be a real headache for in-house tax specialists to apply their transfer pricing policies as the overall profit margin of the group plunges. As the group will have already entered into either advance pricing arrangements or informal agreements with tax authorities in other operating jurisdictions, they may still have to assign a certain percentage of the profit margin to those jurisdictions, despite the profit slump. In the past, a group was left with no alternatives but to allocate substantial losses to Hong Kong entities of the group. This is now impossible since the IRD is likely to impose transfer pricing adjustments and will not accept the losses.

    Scenario 2: Hong Kong as a collection and payment hub

    Hong Kong enterprises are commonly assigned to be the "collection and payment hub" of a group to collect and make payments on behalf of its group companies in other jurisdictions to get around foreign exchange control restrictions. From an accounting perspective, these transactions may be booked as sales and cost of sales without any markup. These break-even transactions lower the overall operating profit margin of the Hong Kong entity despite a "nil" effect on the absolute amount of profit. However, the corporation's lower overall profit margin may trigger the attention of tax authorities, especially when the margin is lower than the industry average.

    Importance of proper transfer pricing documentation in Hong Kong

    As in other jurisdictions, transfer pricing documentation in Hong Kong comprises Master File, Local File and Country-by-Country (CbC) reporting. While following the universal threshold of group consolidated revenue of EUR750 million for a CbC report, the threshold for Master File and Local File in Hong Kong is rather complicated (see Table 1).

    Table 1: Threshold for Master File and Local File



    Criteria (A): Based on size of business (any two out of the three below)
    Threshold
    (i)
    Total annual revenue
    > HK$400 Million
    (ii)
    Total assets
    > HK$300 Million
    (iii)
    Employees
    >100

    Criteria (B): Based on related party transactions (any one out of the four below)
    Threshold (HK$)
    (i)
    Transfer of properties (excludes financial assets / intangibles)
    > HK$220 Million
    (ii)
    Transactions in financial assets
    > HK$110 Million
    (iii)
    Transfers of intangibles
    > HK$110 Million
    (iv)
    Any other transactions (e. g. service income /royalty income)
    > HK$44 Million


    On the other hand, taxpayers should closely adhere to the Deadline of preparing the Transfer Pricing Documentation (see Table 2).

    Table 2: Deadline of preparing Transfer Pricing Documentation in Hong Kong
    Transfer Pricing Documentation
    Deadline
    Country-by-Country Report Notification
    3 Months after the Accounting Year-End
    Country-by-Country Report Filing
    12 Months after the Accounting Year-End
    Master File & Local File
    9 Months after the Accounting Year-End

    As mentioned above, failure to prepare proper documentation can trigger not only administrative fines, but also penalties up to the amount of tax undercharged in the case of transfer pricing adjustments. More pertinently, no tax credit will be granted in other tax jurisdictions for such penalties.

    Applying the same logic, there is a growing trend for MNCs to prepare benchmarking studies, even when their size does not meet the required threshold, for the following reasons: -

    Tax authority challenge

    • The IRD is increasingly eager to request a benchmarking study, even if the corporation does not meet the threshold for preparing transfer pricing documentation, especially in the case of high gross profit fluctuation;
    • Field investigation by the IRD can be a painful process. A benchmarking study is often very helpful in reaching a compromise settlement, such as in the case of failure to maintain proper accounting records.

    Tax advisory on operational change

    • Thanks to its low tax rate, Hong Kong is still a place in which many corporations prefer to allocate more profits. Given the current global situation, many MNCs are considering to shift their location of operations. Making use of this opportunity, they are eager to set up substance in Hong Kong to justify their profit allocation.

    Initial Public Offering in Hong Kong

    • Authorities now customarily request benchmarking report from corporations wishing to list on the Hong Kong Stock Exchange in order to assess their tax risk after getting listed in Hong Kong.

    As a last piece of advice, with the implementation of the Common Reporting Standard (CRS) and AEOI, global tax authorities are more intent on targeting foreign corporations operating in local tax jurisdictions, normally in the form of a Permanent Establishment (PE). While the arguments about the existence of PEs continue, transfer pricing is a preferred means of resolving PE tax disputes. As such, it is essential that MNCs review their current operations and update their transfer pricing policies to reduce their transfer pricing risk.
    Hashtag: #Cheng&ChengTaxationServices

    The issuer is solely responsible for the content of this announcement.

    About Cheng & Cheng Taxation Services

    This article is by Henry Kwong, Tax Partner of Cheng & Cheng Taxation Services. Cheng & Cheng is one of the top 20 accounting firms in Hong Kong, with over 300 staff in Hong Kong and the PRC. We are the principal auditor for 15 listed corporations in Hong Kong and the tax advisor for over 80. We specialise in providing Hong Kong, PRC and international tax advisory services, as well as transfer pricing services to international clients. If you would like to know more about transfer pricing in Hong Kong, or seek tax advice from our tax experts, please do not hesitate to contact us by email ) or phone (+852 3962 0114).

News from Asia

Beyond Grades: SIM Highlights Why Learning From Feedback Is a Critical University Skill

SINGAPORE - Media OutReach Newswire - 28 October 2026 - University students are accustomed to receiving grades, but the ability to understand what sits behind those grades and act on feedback is i...

NineSmart Showcases AI-Powered Work Order Management Solution at HKTDC Hong Kong Electronics Fair (Autumn Edition)

Wins Merit Award at the 12th Hong Kong Value Creation for Technology AwardsHONG KONG SAR – Media OutReach Newswire – 28 October 2026 – NineSmart, Hong Kong PropTech enterprise, presented its AI-Po...

Prudential convenes inaugural Partnership Summit to shape the next era of customer and business growth

HONG KONG SAR - Media OutReach Newswire - 28 October 2026 - Prudential plc ("Prudential"), a leading insurer and asset manager in Asia and Africa, brought together senior leaders from key banking ...

Hualien Welcomes Global Travelers to the 2026 Pacific Hot Spring Season

HUALIEN, TAIWAN - Media OutReach Newswire - 28 October 2026 - The 2026 Hualien Pacific Hot Spring Season has officially kicked off, running through November 15. The Hualien County Government invi...

The inaugural TXA Awards 2026 concludes with a pomp and splendour, honouring finalists and winners alike

Transport Expo Asia Awards 2026 – Congratulations To All Our WinnersKUALA LUMPUR, MALAYSIA – Media OutReach Newswire – 28 October 2026 – Transport Expo Asia – hosted by the Ministry of Transport M...

MSIG Enhances Travel Safeguard with Broader Protection for Modern Travellers

KUALA LUMPUR, MALAYSIA – Media OutReach Newswire – 28 October 2026 –MSIG Insurance (Malaysia) Bhd ("MSIG") has enhanced Travel SafeGuard, itstravel insurance plan, to better meet the needs of tod...

Tourism Authority of Thailand Launches ‘Gateway to Thailand Travel Guidebook’

Connecting Overland Borders to 10 Road Trip Experiences Across ThailandBANGKOK, THAILAND - Media OutReach Newswire – 28 October 2026 - Crossing the border is never about passing a checkpoint; it m...

Feeding Malaysia: Sabak Bernam’s Growing Role in National Food Security

SELANGOR, MALAYSIA – Media OutReach Newswire – 28 October 2026 – Through the production of agriculture includes paddy fields, fruits, vegetables, and aquaculture, the Sabak Bernam Development Area...

The Cascade of Sleep Deprivation: Bupa’s Health or Hype Explores the Real-World Impact of Curtailing Sleep

Fitness advocate Joe Wicks reduces sleep under expert observation; Bupa Hong Kong shares evidence-informed perspectives to help urban professionals navigate evening restHONG KONG SAR – Media OutRe...

XTransfer Returns to Hong Kong FinTech Week and Singapore FinTech Festival for Third Consecutive Year

HONG KONG SAR – Media OutReach Newswire – 28 October 2026 – XTransfer, the world's leading B2B cross-border trade payment platform, will participate in Hong Kong FinTech Week and Singapore FinTe...

Why the secrecy around car insurance?

Every year, millions of Australians receive their car insurance renewal and promise themselves they’ll look at it properly later. Then life gets in ...

Australian workers spend almost an hour a day administering email

Research finds email filing, searching and rework consuming an estimated 58 minutes a day and potentially exposing organisations to millionsAustralian...

Customer Service Is Becoming Part of the Small Business Sales and Marketing Engine

For Customer Service Week, 5-9 October, Thryv is urging small businesses to look beyond generating  enquiries and examine what happens after a custome...

Gift Cards as the gateway to agentic payments

Prepaid and stored value gives consumers the trust and control to try AI shopping agents By Blackhawk Network VP Head of ANZ Kieran Nolan For deca...

Why Data Accumulation Without Governance Undermines Sustainability Goals

In July 2026, Group 2 entities, the second cohort of Australian businesses, began their first reporting period under the mandatory climate disclosur...

Permanent $20,000 Instant Asset Write-Off Gives Small Businesses Greater Planning Certainty

The Federal Government’s decision to permanently legislate the $20,000 instant asset write-off will give eligible small businesses greater certainty...