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The link between transfer pricing and the EU customs valuation law: is there any and how could it be strengthened?

Tuominen, Juha LU (2018) HARN60 20181
Department 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)
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author
Tuominen, Juha LU
supervisor
organization
course
HARN60 20181
year
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},
  keyword      = {arm's length principle,customs law,customs valuation,Hamamatsu,tax law,transfer pricing},
  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},
}