The link between transfer pricing and the EU customs valuation law: is there any and how could it be strengthened?
(2018) HARN60 20181Department of Business Law
- Abstract
- Transfer pricing and EU customs law are regulated by two separate sets of rules. Ultimately, the objective of transfer pricing, as a tax measure, is to ensure that the transactions between associated enterprises are conducted in accordance with the same terms as between independent enterprises. The objective of EU customs law is, however, to ensure that the single market of the EU functions properly and that the playing field for the European trade is even. The current differences in the scopes and objectives of the two different sets of rules cause inevitable clashes between the two sets of rules. As a consequence, the taxpayer is forced to make a decision to be in compliance, either, with the best practice of transfer pricing, or, with... (More)
- Transfer pricing and EU customs law are regulated by two separate sets of rules. Ultimately, the objective of transfer pricing, as a tax measure, is to ensure that the transactions between associated enterprises are conducted in accordance with the same terms as between independent enterprises. The objective of EU customs law is, however, to ensure that the single market of the EU functions properly and that the playing field for the European trade is even. The current differences in the scopes and objectives of the two different sets of rules cause inevitable clashes between the two sets of rules. As a consequence, the taxpayer is forced to make a decision to be in compliance, either, with the best practice of transfer pricing, or, with the strict interpretation of the applicable EU customs law.
The primary purpose of the thesis is to investigate the link between transfer pricing rules and EU customs valuation rules under the currently applicable EU customs law. Moreover, the purpose is to present different potential solutions which could be considered in order to solidify the link between the two different topics.
In terms of practice, transfer pricing and EU customs law follow each other. As a consequence of the lack of the common legal basis between these two topics, an everyday issue rises for the multinational enterprises that engage in business in the EU. Consequently, a pragmatic solution is highly needed. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8943675
- author
- Tuominen, Juha LU
- supervisor
- organization
- course
- HARN60 20181
- year
- 2018
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- arm's length principle, customs law, customs valuation, Hamamatsu, tax law, transfer pricing
- language
- English
- id
- 8943675
- date added to LUP
- 2018-06-07 15:57:56
- date last changed
- 2018-06-07 15:57:56
@misc{8943675,
abstract = {{Transfer pricing and EU customs law are regulated by two separate sets of rules. Ultimately, the objective of transfer pricing, as a tax measure, is to ensure that the transactions between associated enterprises are conducted in accordance with the same terms as between independent enterprises. The objective of EU customs law is, however, to ensure that the single market of the EU functions properly and that the playing field for the European trade is even. The current differences in the scopes and objectives of the two different sets of rules cause inevitable clashes between the two sets of rules. As a consequence, the taxpayer is forced to make a decision to be in compliance, either, with the best practice of transfer pricing, or, with the strict interpretation of the applicable EU customs law.
The primary purpose of the thesis is to investigate the link between transfer pricing rules and EU customs valuation rules under the currently applicable EU customs law. Moreover, the purpose is to present different potential solutions which could be considered in order to solidify the link between the two different topics.
In terms of practice, transfer pricing and EU customs law follow each other. As a consequence of the lack of the common legal basis between these two topics, an everyday issue rises for the multinational enterprises that engage in business in the EU. Consequently, a pragmatic solution is highly needed.}},
author = {{Tuominen, Juha}},
language = {{eng}},
note = {{Student Paper}},
title = {{The link between transfer pricing and the EU customs valuation law: is there any and how could it be strengthened?}},
year = {{2018}},
}