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In brief

The secret is out, this will most likely not be news to you but there is a strong interplay between Transfer Pricing, Customs and VAT. Even though income tax authorities may have different views in how they consider valuation from a TP perspective and the valuation structure recognized by customs authorities, we can no longer ignore that a company’s TP policy/adjustments will affect their cross-border transactions of tangible goods and ultimately impact their dutiable/VAT position.


During this webinar, we explain your compliance duties in terms of TP adjustments and how you and your company will be impacted from a Customs/VAT perspective. We live in a different world, where authorities have more and faster access to all the information they require. This has led to a significant rise in TP audits over the last years and we have seen that many of our clients struggle in understanding how their TP policy and TP adjustments affect their trade operations, customs valuation and VAT burden. Here, we provide you with some clear guidance on how to navigate these elements to ensure that you meet all of your compliance requirements and are prepared for any unwanted scrutiny from income, VAT or Customs authorities. The latest judgment by the German Supreme Tax Court (VII R 2/19) held that the Community Customs Code does not allow for the reduction of the transactional customs value due to retroactive transfer pricing adjustments. Our experts explore this decision and assess the possible ramifications.

SpeakersOlivier Van BaelenDieter GeuensThomas KukanzaSylvain Guelton.

Do not hesitate to reach out to Edward Jacquemyn if you would like to obtain the recording of this webinar.

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Author

Olivier Van Baelen is a counsel in the Tax Practice Group in Baker McKenzie's Brussels office.
Olivier supervises the Belgium's VAT practice. He joined Baker McKenzie in 2017 after several years of experience in a Big 4 and as a tax lawyer in a leading Belgian taxation law firm. He advises clients on all kinds of (indirect) tax issues and represents clients in every stage of (indirect) tax disputes. He works closely with our EU VAT group, transfer pricing, customs and trade practices teams to provide comprehensive advice on the most challenging (cross-border) transactions and controversies.

Author

Dieter is a senior associate in the Tax Practice Group in the Brussels office. He joined Baker McKenzie in 2020 after several years of experience in a Big 4.

Author

Sylvain Guelton is a Senior Associate in Baker McKenzie, Brussels office.

Author

Thomas Kukanza joined Baker McKenzie as a senior trade advisor in the Tax Practice Group in April 2022. He has over 10 years of experience in customs and international trade and in the implementation of duty optimization programs. Thomas is a guest lecturer at the University of Antwerp and holds a US customs broker licence.

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