광고선전비의 이전가격세제에 관한 연구- 마케팅 무형자산과 소득구분을 중심으로 -

Many multinational enterprises are burdening their subsidiaries in charge of distribution function with advertising, marketing and promotion expenses (hereinafter "AMP expenses") needed to pioneer overseas markets or increase market share. Subsidiaries are forced to pay for the cost of international marketing activities performed by headquarters. Subsidiaries will pay a significant amount of royalties and international marketing fees to overseas headquarters, and will deduct domestic AMP expenses and international marketing fees. Consequently, taxable income would be shifted out of the source country. To prevent tax avoidance using AMP expenses of multinational enterprises, domestic marketing activities of subsidiaries should be recognized as marketing intangibles. Also, it is necessary to discuss how to acknowledge the right of taxation in the source country by recognizing international marketing fees that the subsidiaries bear as royalty income. Countries around the world are using the concept of marketing intangibles to secure tax revenue, and this trend is reflected in the OECD Transfer Pricing Guidelines revised in 2017 and the United Nations Practical Manual on Transfer Pricing. Korea should also promote fair distribution of taxable income between the source and resident countries by incorporating the concept of marketing intangibles into the domestic tax law and recognizing appropriate compensation for the marketing activities of the subsidiaries. If a subsidiary pays international marketing fee to its overseas headquarter, the existence and scope of the right of taxation in the source country will vary depending on the classification of income. That's why distributors try to avoid withholding tax by regarding international marketing fees as CCA (Cost Contribution Arrangement) contributions or payments for intra-group services. Contrarily, the tax authorities interpret international marketing fees as royalty income and impose the withholding obligation. Since international marketing fees are used for international marketing activities to enhance the value of trademarks owned by overseas headquarters, it is reasonable to regard international marketing fee as royalty income.