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Vol 22 No 3 March/April 2017

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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

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Customs Valuation and Transfer Pricing

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ISBN13: 9789041198884
ISBN: 9041198881
Published: December 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £100.00

Despatched in 11 to 13 days.

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.

This book is a problem-solving guide for lawyers 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, the book offers an account of how tax and customs transfer pricing regimes may be harmonized.

Among the elements of this 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.

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Abstract. Acknowledgments. Introduction. Chapter I: General.
1. Rules to be harmonized.
2. Is it necessary or at least advisable to harmonize both tax and customs transfer pricing regimes? 3. Is harmonization feasible? Chapter II: The Arm's Length Principle.
4. Definition -- OECD Guidelines.
5. Recognition of the arm's length principle in the GVC.
6. The OECD Guidelines can be used to determine whether transaction price is arm's length under GVC Article 1.2.
7. Guidance for applying the arm's length principle. Use of such guidance under GVC Article 1.2. Chapter III: Determining Whether the Relationship Influenced the Price. Arm's Length Prices.
8. The OECD arm's length methods and the methods laid down in GVC Articles 2, 3, 5 and 6.
9. Test values.
10. Considerations regarding the OECD arm's length methods.
11. Traditional methods.
12. Other methods. Chapter IV: Tax Bases. Customs Value and Tax Value of Imported Goods. Adjustments.
13. Introduction.
14. IRC Section 1059A.
15. Definition of the term ""related parties"".
16. Tax base of customs duties. Chapter V: Price Review Clauses and Formula Pricing.
17. Introduction.
18. Price review clauses -- formula pricing. Conclusions. Bibliography. Index.

Series: International Taxation

Tax Sovereignty in the BEPS Era ISBN 9789041167071
Published June 2017
Kluwer Law International
Price on Application
The International Tax Law Concept of Dividend 2nd ed ISBN 9789041183941
Published May 2017
Kluwer Law International
Price on Application
Taxation and Migration ISBN 9789041161369
Published October 2015
Kluwer Law International
Taxation of Derivatives ISBN 9789041159779
Published August 2015
Kluwer Law International
The VAT/GST Treatment of Public Bodies ISBN 9789041146632
Published January 2013
Kluwer Law International
Science, Technology and Taxation ISBN 9789041131256
Published July 2012
Kluwer Law International
Immovable Property under VAT: A Comparative Global Analysis ISBN 9789041131263
Published May 2011
Kluwer Law International
Transfer Pricing and the Arm's Length Principle in International Tax Law ISBN 9789041132703
Published September 2010
Kluwer Law International
The International Tax Law Concept of Dividend ISBN 9789041132062
Published August 2010
Kluwer Law International
Out of print
Systems of General Sales Taxation: Theory, Policy and Practice ISBN 9789041128324
Published August 2009
Kluwer Law International
Taxpayers Rights: Theory, Origin and Implementation ISBN 9789041126504
Published September 2007
Kluwer Law International
Tax Treaty Law and EC Law ISBN 9789041126290
Published August 2007
Kluwer Law International
Tax Investment Incentives in Foreign Direct Investment ISBN 9789041122285
Published April 2004
Kluwer Law International
International and Comparative Taxation: Essays in Honour of Klaus Vogel ISBN 9789041198419
Published September 2002
Kluwer Law International
The Dividend Concept in International Tax Law ISBN 9789041197658
Published January 2000
Kluwer Law International
Out of print