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THE RISK OF CUSTOMS VALUE FRAUD ON IMPORTS OF GOODS PURCHASED FROM AFFILIATED COMPANIES

Florin Tudor, Andreea Elena Matic

First published: 2022https://doi.org/10.35603/sws.iscss.2022/s02.016View metrics

Abstract

The role of multinational enterprises as an important actor in the sphere of international economic relations is well known. It is essential that the governments of the member states take care so that transfer pricing does not affect the rules of commercial competition, the international consensus at the level of trade agreements, but at the same time does not constitute a major risk of customs fraud that could affect financial interests of the EU. The OECD recommendations highlighted the fact that business transactions between related companies must be carefully managed, and the customs value verification for this type of operations must be done more carefully in the future. It should not be overlooked that such analyzes should also be corroborated with other provisions, close to the sphere of transnational organized crime, a fact of such a nature that thorough checks should also be made in the sphere of knowing the clientele and the beneficial owner. Through this article, we aim to identify the risks of a customs nature, the correct legal interpretation, and the establishment with greater precision of the rules of interpretation and strict application of the customs value in relation to transfer prices.

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Publication details

Title
THE RISK OF CUSTOMS VALUE FRAUD ON IMPORTS OF GOODS PURCHASED FROM AFFILIATED COMPANIES
Authors
Florin Tudor, Andreea Elena Matic
Proceedings
Proceedings of 9th SWS International Scientific Conference on Social Sciences - ISCSS 2022
Publisher
SGEM WORLD SCIENCE (SWS) Scholarly Society
Year
2022
Pages
123-130
SWS Citekey
Tudor20222123130
ISSN
2682-9959
ISBN
978-3-903438-04-0
Language
en
Publication type
Proceedings Paper
Keywords
References8
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  2. Michael Lang, Giammarco Cottani, Raffaele Petruzzi, Alfred Storck, Fundamentals of Transfer Pricing: A Practical Guide, Kluwer Law International B.V, The Netherlands, 2019, pp.13-16;

  3. Transfer Pricing Guidance on Financial Transactions: Inclusive Framework on BEPS: Actions 4, 8-10, available at https://www.oecd.org/tax/transfer-pricing/transferpricing-guidance-on-financial-transactions-inclusive-framework-on-beps-actions-4-8- 10.htm, accessed on 10.08.2022;

  4. OECD releases latest edition of the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, available at https://www.oecd.org/tax/transferpricing/oecd-releases-latest-edition-of-the-transfer-pricing-guidelines-for-multinationalenterprises-and-tax-administrations.htm, accessed on 10.08.2022;

  5. WTO Valuation Agreement, available at http://www.wcoomd.org/en/ topics/valuation/overview/wto-valuation-agreement.aspx, accessed on 10.08.2022;

  6. Timothy Lyons, EU Customs Law. Third editon, Oxford University Press, UK, pp.317-350;

  7. Wolfgang Schon, Kai A. Konrad (editors), Fundamentals of International Transfer Pricing in Law and Economics, Michael C. Durst, OECD Guidelines; Causes and Consequences, Springer, Berlin, 2012, pp.123-128;

  8. Willem Geelhoed, Leendert H. Erkelens, Arjen W.H. Meij, Shifting Perspectives on the European Public Prosecutor's Office, pp.185-195

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