EU customs – Valuation & Transfer Pricing

Typical customs valuation and transfer pricing issues include:

  • Customs authorities are increasingly targetting valuation issues as the majority of global transactions occur between related parties
  • —Tension between “transfer price” on the one hand and “customs valuation” on other hand can lead to mutually contradictory results
  • —Basic principle: taxable base equals the transaction value
  • —Customs authorities increasingly investigating whether related party transactions have led to the declared transaction value (sales price) affected by the relationship
  • —Note: payments linked to the imported goods (e.g. royalties)
  • —Tax planning: use of bonded warehouses, “first sale for export” regime & unbundling of non-dutiable elements from the transaction price
  • —Exporters should pre-arm themselves with a proper transfer pricing study prepared by experts.  Will prevent delays in shipments and will provide a competitive edge over those exporters that have not taken any action

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