PROBLEMS OF THE AGREEMENT ON CUSTOMS VALUE OF GOODS AND TRANSFER PRICE IN FOREIGN ECONOMIC CONTROLLED OPERATIONS OF THE ENTERPRISES OF UKRAINE

Authors

  • I.I. Pryimak Ivan Franko National University of Lviv, Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000,
  • V.M. Kmit Ivan Franko National University of Lviv,Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000,
  • Y.V. Hryshchyshyn Ivan Franko National University of Lviv, Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000

DOI:

https://doi.org/10.15330/apred.1.15.15-27

Keywords:

transfer pricing, customs value, controlled operations, foreign economic operations

Abstract

With the integration of the national economy into the global economic space, significantly are growing the volumes of foreign economic operations, most of which are carried out between related enterprises. Such operations are at the same time the subject to customs control over the completeness and timeliness of payment of customs duties, as well as to the tax control over the observance of the “arm's length” principle for the purposes of calculation and payment of income tax. Due to the inconsistency of the method of determining the transfer price and the customs value of the goods, the price of the same operations may differ significantly that creates significant risks for both taxpayers and the budget.
The purpose of the article is to evaluate the methodological differences in determining of the goods customs value and the transfer price in foreign economic controlled operations of Ukrainian enterprises and to develop proposals for their harmonization in order to ensure fair taxation and stable budget revenues.
In the article is used a set of methods and techniques of scientific knowledge, in particular, the method of logical generalization, system analysis and synthesis, as well as grouping and comparison.
In this article, main international and Ukrainian normative acts regulating the procedure for determining the customs value of imported goods and the price of controlled operations are analyzed. The comparison of the methods of the estimation of the goods customs value and transfer pricing is made, as well as the conclusions on the possibility of their harmonization are made. Despite the differences between tax and customs control over foreign economic controlled operations, the need for cooperation between customs and tax services to optimize their work in this area and to achieve fair taxation is substantiated. It is proved that an important instrument for reconciling transfer prices and the customs value of imported goods is the agreement on the negotiation of pricing in controlled operations.
The scientific novelty of the obtained results lies in the further development of the areas of harmonization of the customs value of imported goods and the transfer price in foreign economic controlled operations.
The practical relevance of the proposed approaches to reconciling the customs value of goods and transfer prices will allow enterprises to optimize the costs associated with the preparation of documentation on foreign economic controlled operations on the one hand and to increase the efficiency of customs and tax services in this area on the other hand.

Author Biographies

I.I. Pryimak, Ivan Franko National University of Lviv, Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000,

к.е.н., доцент кафедри фінансів, грошового обігу і кредиту

V.M. Kmit , Ivan Franko National University of Lviv,Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000,

к.е.н., доцент кафедри фінансів, грошового обігу і кредиту

Y.V. Hryshchyshyn, Ivan Franko National University of Lviv, Ministry of Education and Science of Ukraine, Department of Finance, Money Turnover and Credit Universytetska str., 1, Lviv, 79000

магістрант кафедри фінансів, грошового обігу і кредиту

References

1. Foreign Trade in Goods and Services in Ukraine in 2017: Statistical Compendium, State Statistics Service of Ukraine, 2018. 2. “The role of law in global value chains: a research manifesto.” Review of International Law, vol. 4, issue 1, 2016, pp. 57–79. Oxford Academic, academic.oup.com/lril/article-abstract/4/1/57/2413108 Accessed 9 Sept. 2019. 3. “Results of the DFS work in the direction of transfer pricing control.” State Fiscal Service of Ukraine, sfs.gov.ua/diyalnist-/transfertne-tsinoutvorenn/zagalni-vidomosti/ Accessed 9 Sept. 2019.
4. Blouin, J., Robinson, L., and J. Seidman. Coordination of transfer prices on intra-firm trade. Working Paper, University of Pennsylvania, University of Texas, and Tuck School ofBusiness at Dartmouth College, 2011. Quant.jobs, www.quant.jobs/sites/default/files/Business_Taxation/Events/conferences/symposia/2011/blouin.pdf Accessed 15 Sept. 2019.
5. Bulana, O. “Transfer pricing and customs valuation: differences and avoiding potential risks.” Economy and forecasting, no 2, 2015, pp. 59-71.
6. Sopko, V., and O. Melnychuk “Transfer pricing in international transactions”. Foreing trade: economics, finance, law, no.4, 2016, pp. 93-107.
7. Fesenko, V, and V. Silaieva. “Comparative analysis of methods of defining customs value of goods and transfer price in controlled operations.” International scientific journal “Internauka”, vol.2, no. 2(42), 2018.Vernadsky National Library, nbuv.gov.ua/UJRN/mnj_2018_2%282%29__17. Accessed 3 Sept. 2019.
8. Shynkarenko, I., and V. Shevchenko. “Transfer pricing and customs valuation: touch points and how to use them in business.” Yuryst&Zakon, no.9, 2017. Kmp.ua, kmp.ua/uk/analytics/press/transfer-pricing-and-customs-valuation-touch-points-and-how-business-can-use-them/#. Accessed 31 Aug. 2019. 9. “Tax Code of Ukraine.” The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/ show/2755-17. Accessed 1 Oct. 2019.
10. OCDP Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, 2010. Vseukrayinsʹka Asotsiatsiya Fakhivtsiv Otsinky, www.afo.com.ua/doc/Nastanovy_OESR.pdf. Accessed 1 Oct. 2019.
11. “Large-scale changes to the international rules on the distribution of profits.” www.facebook.com/PwCUkraine/photos/a.157498757721685/1513577108780503/?type=3&theater. Accessed 18 Oct. 2019.
12. “he Customs Code of Ukraine.” The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/4495-17. Accessed 18 Oct. 2019.
13. “The agreement on implementation of articleVII of the General agreement on tariffs and trade from15.04.1994. International paper.” The Verkhovna Rada of Ukraine, zakon4.rada.gov.ua/laws/show/981_011. Accessed 19 Oct. 2019.
14. “Resolution of the Cabinet of Ministers of Ukraine On approval of the procedure of preliminary coordination of pricing in controlled operations, on the basis of which contracts of unilateral, bilateral and multilateral nature are concluded for the purposes of transfer pricing.” The Verkhovna Rada of Ukraine, zakon.rada.gov.ua/laws/show/504-2015-%D0%BF. Accessed 18 Oct. 2019.

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Published

2019-11-04

How to Cite

Pryimak, I., Kmit , V., & Hryshchyshyn, . Y. (2019). PROBLEMS OF THE AGREEMENT ON CUSTOMS VALUE OF GOODS AND TRANSFER PRICE IN FOREIGN ECONOMIC CONTROLLED OPERATIONS OF THE ENTERPRISES OF UKRAINE. The Actual Problems of Regional Economy Development, 1(15), 15–27. https://doi.org/10.15330/apred.1.15.15-27

Issue

Vol. 1 No. 15 (2019): THE ACTUAL PROBLEMS OF REGIONAL ECONOMY DEVELOPMENT"

Section

Research of development of domestic business

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