Transfer Pricing Investigation by Korea NTS (national tax service)
1) Current Movement of the Tax Office
Recently, the tax office is eager to collect tax from foreign companies. Due to continued
depression in Korean economy, local companies are not so profitable to pay tax any more.
Therefore, they may divert their concern to foreign companies operating in Korea.
The assessment of tax due to "Transfer Pricing : TP" is active nowadays.
Basically, TP means an arbitrary pricing between related companies in different countries in
a bid to reduce profit in the high-tax-rate country.  As you know, this is devised to reduce the
aggregate tax worldwide of the multinational companies.
2) Real case of TP investigation
One of our clients is now under tax audit due to TP.
It is a 100% wholly owned subsidiary of a multinational company. The Head Office currently is
holding subsidiaries, branch offices or even agents all over the globe and mainly engages
in supplying academic periodicals, books and Database to a lot of libraries of universities,
research institutes and the governments.
The subsidiary in question has 10 or more employees and is assisting the libraries order
new peroiodicals, books and database.   They sometimes provide information on new
materials and install some computer facilities needed to access a certain database. All the
people working in the procurement division of libraries, institute and government do not
speak/write good English, so they act as a bridge between head office and the user.
Based on the service agreement between head office, 105% cost plus markup system is
used by the subsidiary for computing revenue.
This summer (June), tax office commenced tax audit to this subsidiary. They requested a
heap of information and material to the subsidiary including income statement of the Head
office segregated by country which can illustrate the revenue and expense belonging to a
specific country, e.g. Korea.   Upon this request, subsidiary submitted the information to the
tax office upon Head office's approval and preparation.
According to the income statement segragated by country, the revenue incurred from Korean
market was 50 million USD and the bottomline was 4.5 million USD after tax effect for a single
year of 2005.   The 5-year (2001 ~ 2005) aggregate figure is almost four(4) fold of that of 2005.
However, the operating expense of the subsidiary was just 1 billion Korean Won for 2005, so
the profit was just 50 million Korean Won.   The subsidiary has paid a tax less than 20 million
Korean Won for 2005.  Total taxes paid for the last 5 years (2001 ~ 2005) is less than 70
million Korean Won.
Tax office insists that this tax amount is really small compared to the operation volume in
Korea.  They want to adopt PSM (Profit Sharing Method) which is prescribed in the Article 5 of
the "Law for Cordination of International Tax Affairs", asserting that the profit in the IS of Head
office was derived from the combined effort of both Head Office and the subsidiary together,
so it should be devided based on relative contribution ratio.   And they exhibited to us the
computation formula.
We understand that the computation of "relative contribution ratio" done by the tax office was
not fair. They used only the expense, number of persons and other financial factors to derive
the ratio, so as a result of this, the ratio of the subsidiary is high and the tax assessment due
to this computation is also very high.
In consideration of the above situation, we cannot rule out the possibility that the 105% cost
plus markup system used by other companies in Korea may face a challenge from the tax
office in someday.   Preparation against that challenge is recommended.