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http://dx.doi.org/10.9708/jksci.2020.25.10.185

Thin Capitalization - The Arm's Length Approach through Blockchain  

Lee, Jeong-Mi (Dept. of Business Administration, Jungwon University)
Abstract
This article proposes the unified an arm's length price of transfer pricing for thin capitalization since the scope of permanent establishment has been enlarged under Digital Economy and the implementation of Blackchain system to resolve the drawback of finding an arm's length price. The rule of current thin capitalization runs against the non-discrimination of taxation of the tax treaties and the national treatment which deals fairly with goods, sercice and capital money within the country under the treaty of commerce and navigator. In addition, the information of comparable uncontrolled debt are not available of current system to prove the debt which is not subject to the rule of thin capitalization. The united an arm's length price of transfer pricing for thin capitalization can apply to foreign investment as well as domestic corporations, thereby resolving the problem of the non-discrimination of taxation of the tax treaties and the treaty of commerce and navigation. The availability of transaction level data through Blockchain platform to decide whether the debt can be subject to thin capitalization can resolve the issue of comparable uncontrolled debt transaction which can't be found in current business transactions. This article should shed light on the proposing of the unified an arm's length price of transfer pricing for thin capitalization and Blockchain system to prevent the income shifting. This propose provide implication for policymakers on current system of thin capitalization and arm's length principles.
Keywords
Thin Capitalization; Arm's Length Price; Transfer Pricing; Blockchain; BEPS;
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  • Reference
1 Lee, Y., "International Taxation", Semyeong, p718, 2005.
2 Byun, S., "A Study on the Violation wheter or not of the Non-discrimination in Thin Capitalization Rules", University of Seoul, p76-85, 2007.
3 Jun, B. and Choi, B., "Research on Taxation of Foreign Bank Branches", Korean Journal of Taxation Research, p17-22, 2010.
4 Permanent Delegation of the Republic of Korea to the Organization for Economic Co-operation and Development, " Final of BEPS Project", 2015.
5 Choi, Y., "A Study on Major Issues of Transfer Pricing Tax System Related to the BEPS Projects", Seoul National University, p2-3, 2017.
6 Park, M., "A Study on Transfer Pricing", Seoul Tax Law Review, p122-151, 2000.   DOI
7 Lee, C., "The Past, the Present and the Future of Transfer Pricing", The Law Research Institute, p455-517, 2008.
8 Lee, C.H., " What is wrong with the OECD Approach to Finding an Arm's Length Price", Journal of IFA, Korea, Vol. 35. No.3(56) pp. 37-89,. 2019.
9 Han, W., "Research on the Improvement of Transfer Pricing through Blockchain", Yonsei Law Review, pp247-273, 2019.DOI http://dx.doi.org/10.21717/ylr.29.2.7
10 Lee, J., "The Technology of Blockchain", Trend and Issues, 2017.
11 IBM, Summary of Blockchain Platform Technology, 2017.
12 Fanning, K., and D. P. Centers. "Blockchain and Its Coming Impact on Financial Services", Journal of Corporate Accounting & Finance, p53-57.
13 PWC 2016. "What's next for blockchain in 2016?". A Publication of PWC's Financial Services Institute Retrieved from www.pwc.com/us/en/financial-services/publications/viewpoints/assets/pwcqa-whats-next-for-blockchain.pdf