The Resource Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments

Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments

Label
Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments
Title
Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments
Creator
Subject
Language
eng
Summary
The issue of retroactive transfer pricing (TP) adjustments altering customs valuation has been a long-standing question involving many multinational enterprises (MNEs). While customs authorities have traditionally ruled that upward adjustments to transfer prices should be accompanied by revisions to customs value under the transaction value method, MNEs have sought refunds in the event of downward adjustments. Realising the need for guidance, the World Customs Organisation (WCO) continues its efforts to align transfer pricing and customs valuation outcomes. However, in a recent landmark ruling (C-529/16, Hamamatsu Photonics Deutschland), the Court of Justice of the European Union (CJEU) has affirmed that transfer prices subjected to retroactive adjustments cannot be used for customs valuation purposes under the application of the transaction value method. The ruling leaves room for diverging interpretations and consequent uncertainties
Citation source
In: TPI - Transfer Pricing International. - Wien. - Vol. 2 (2018), no. 1 ; p. 44-46
http://library.link/vocab/creatorName
  • Petruzzi, R
  • Prasanna, S
Geographic coverage
  • European Union
  • Europe
  • Asia
Language note
English
http://library.link/vocab/subjectName
  • transfer pricing
  • transfer pricing adjustment
  • customs value
  • ECJ case law
Label
Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments
Instantiates
Publication
Label
Restricting the interplay of transfer pricing and customs valuation : CJEU ruling on related party imports subject to retroactive adjustments
Publication

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