Transfer Pricing and Customs Valuation
Title | Transfer Pricing and Customs Valuation PDF eBook |
Author | Anuschka Bakker |
Publisher | IBFD |
Pages | 695 |
Release | 2009 |
Genre | Customs appraisal |
ISBN | 9087220596 |
This book discusses the intricate role of transfer pricing and customs value in international business environment. It examines the relationship between valuation for transfer pricing purposes and valuation for customs, and the significance of the relationship for multinational enterprises, tax authorities and customs administrations. The book begins by reviewing relevant international standards such as the OECD Guidelines and the GATT/WTO Customs Valuation Agreement. This is followed by a discussion of related issues such as VAT and administrative matters. Country chapters provide an overview of the applicable legislation and valuation methods, and case studies allow direct comparison between the practices of the different countries. The book concludes by summarizing the existing relationship between transfer pricing valuations and customs valuations, and by suggesting possible solutions towards a more integrated approach.
Customs Valuation and Transfer Pricing
Title | Customs Valuation and Transfer Pricing PDF eBook |
Author | Juan Martin Jovanovich |
Publisher | Kluwer Law International B.V. |
Pages | 216 |
Release | 2016-04-24 |
Genre | Law |
ISBN | 9041161422 |
Issues of transfer pricing have come to the fore in both international tax and customs regimes. In particular, the problem of how to apply the two systems of valuation to the same transaction is of widespread concern. This well-known book, now in a fully updated second edition, is a problem-solving guide for professionals charged with valuating transactions in their client’s or company’s best interests. Through detailed examination of relevant guidelines, transfer pricing methodologies, and business realities prevailing among multinational enterprises, it offers a cogent and convincing account of how tax and customs transfer pricing regimes may be harmonized. Among other essential elements, the author discusses the following in depth: – the OECD Transfer Pricing Guidelines; – the GATT/WTO Customs Valuation Code (GVC) and other valuation rules in key jurisdictions and regional agreements; – the OECD and UN model tax conventions; – the arm’s length principle; – methods, both traditional and new, of determining whether the parties’ relationship in uenced the price; and – additions to and deductions from the customs value. This second edition discusses new developments in the eld, including a chapter on Commentary 23.1 and Case Study 14.1 of the Technical Committee on Customs Valuation of the World Customs Organization (WCO) – the rst international instruments linking transfer pricing and customs valuation. The book concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing year-end adjustments to transaction value would be consistent with Article 1 of the GVC. The book will continue to provide practitioners, customs administrations, and academics with a highly practical analysis of the intersection of transfer pricing and customs valuation. It will be welcomed by customs administrations charged with examining the acceptability of a transaction value xed between related parties and by multinational companies as a truly actionable tool they can use to optimize decision-making as it relates to transfer pricing and customs valuation in a “real world” setting.
The Link Between Transfer Pricing and Customs Valuation
Title | The Link Between Transfer Pricing and Customs Valuation PDF eBook |
Author | |
Publisher | |
Pages | |
Release | 2017 |
Genre | |
ISBN |
Customs Valuation and Transfer Pricing:Is It Possible to Harmonize Customs and Tax Rules?
Title | Customs Valuation and Transfer Pricing:Is It Possible to Harmonize Customs and Tax Rules? PDF eBook |
Author | Juan Jovanovich |
Publisher | Springer |
Pages | 168 |
Release | 2002-10-30 |
Genre | Business & Economics |
ISBN |
Although valuation is fundamental to both tax and customs liability in international transactions, values calculated by the two regimes can differ, often markedly, in situations where no clear rules of transfer pricing apply. Through detailed examination of relevant guidelines, transfer pricing methodologies, and business realities prevailing among multinational enterprises, Customs Valuation and Transfer Pricing offers a cogent and convincing account of how tax and customs transfer pricing regimes may be harmonized.Among the essential elements of this important thesis, the author discusses the following in depth: the OECD Transfer Pricing Guidelines; the GATT/WTO Valuation Code (GVC); the arm's length principle; methods, both traditional and new, of determining whether the parties' relationship influenced the price; and additions to and deductions from the customs value. The study concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing compensatory adjustments to transaction value would be consistent with Article 1 of the GVC.
Customs Valuation and Transfer Pricing : ICC Proposals
Title | Customs Valuation and Transfer Pricing : ICC Proposals PDF eBook |
Author | J-M. Salva |
Publisher | |
Pages | |
Release | 2016 |
Genre | |
ISBN |
The article studies the relationship between transfer pricing and customs valuation. The author explains two different approaches of transfer pricing, the first one adopted by tax agencies, based on the OECD Transfer Pricing Guidelines and the second adopted by customs agencies, based on the WTO Customs Valuation Agreement (CVA). From the business perspective, the divergence between the two taxation regimes is an obstacle to the liberalization of trade and inhibits international development for companies. On the other hand, the International Chamber of Commerce (ICC) believes that the WTO CVA and the use of the OECD Guidelines are enough to settle the issue of customs valuation and transfer pricing. However, ICC specifies that tax and customs approaches of intercompany transactions should converge to the same value. In this goal, ICC published a policy statement in 2012, which has been integrated in the WCO guidelines. This statement, based on the harmonization of the current rules, contains several additional options to derive customs value. The author states that the Union Customs Code does not contain any evolution from a transfer pricing perspective but contains some negatives changes regarding custom valuation. Also, the opportunity of the WCO Free Trade Agreement should be taken to move forward on this issue.
Linking Customs Valuation and Transfer Pricing in the U.S. And Beyond
Title | Linking Customs Valuation and Transfer Pricing in the U.S. And Beyond PDF eBook |
Author | Joshua Simmons |
Publisher | |
Pages | 0 |
Release | 2015 |
Genre | |
ISBN |
The exponential growth of international trade and the rapid expansion of corporate supply chains due to the rapid globalization of recent decades have placed increasing strains on systems of trade regulation and tax administration designed for a world of discrete states and corporate entities. A particular area where this tension has become pronounced is in the disconnect between customs valuation and transfer pricing, the legal regimes for valuing international transactions for purposes of assessing import tariffs and corporate income tax respectively. While both systems establish similar broad baselines -- the “arm's-length principle” for transfer pricing and the “transaction value principle” for customs valuation -- because of the different goals of each system and the scope of transactions to which each applies, the specific methods used differ, leading to confusion and inefficiency. Efforts to coordinate the two systems, both at an international level and in the U.S., are progressing but incomplete. This paper illuminates the disparity in these two systems, with a specific focus on the U.S, through studying current laws, regulations, and practices in both areas, along with the steps taken thus far to align them, concluding with recommendations for how these efforts should be continued. This paper was written for the Transfer Pricing: Special Topics graduate-level seminar at Georgetown University Law Center during the Spring 2015 term.
A Handbook on the WTO Customs Valuation Agreement
Title | A Handbook on the WTO Customs Valuation Agreement PDF eBook |
Author | Sheri Rosenow |
Publisher | Cambridge University Press |
Pages | 287 |
Release | 2010-12-02 |
Genre | Law |
ISBN | 1139495364 |
This guide to the WTO Customs Valuation Agreement is based on the authors' experiences of teaching its finer points to customs officials and policy-makers around the world. Covering the methods of valuation and the provisions on enforcement, implementation and dispute settlement, the authors give practical examples, explain interpretative decisions of national and international customs bodies, and analyse the history of its negotiation. Written as a learning tool, it helps both new and experienced policy-makers, customs officials, importers and exporters to gain a deeper understanding of the Agreement's function and aims.