감사원의 “정상가격 산출기준 운용실태” 감사에 관한 연구

Despite the existence of international standards and domestic laws, the existing regulations have limitations that it is difficult to consistently regulate the transfer pricing transactions of individual entities with different backgrounds and characteristics, and therefore, the importance of transparent and consistent tax administration is increasingly emphasized. In relation to the current developments, the Board of Audit and Inspection conducted an audit of the “implementation of the arm’s length price calculation standards” in 2017 with the objective to enhance the efficiency of the National Tax Service’s operation of the transfer pricing taxation system. This study firstly examined the arm’s length price calculation related regulation based on the current transfer pricing taxation system, reviewed the Board of Audit and Inspection’s audit, and analyzed the potential problems of the audit result. Afterwards, the study proposed measures to improve the operation of the arm’s length price calculation standards, which include the irrationality of establishing consistent criteria for selecting comparable companies, practical limitations of selecting comparable companies consistently using different commercial databases, and necessity of review on the selection and application of the most appropriate transfer pricing method, based on practical views along with assumptions and examples in accordance with the international standards, domestic laws, and major precedents and determinations.