Alternative tools for the valuation of transactions between related parties

The objective of this research work is to analyze the advantages of using the information contained in transfer pricing studies for the valuation of goods at customs in operations agreed by entities with common economic interests, known as related parties.

The process of estimating the value of goods at customs poses problems for both importers and customs authorities, since establishing a system that is equitable, uniform and neutral for all parties involved is complicated within a context of disparity of interests.

International trade operations carried out between related parties give rise to quite peculiar situations since they lead to the incorporation of additional considerations into the customs valuation process, since, when carried out by entities that share the same economic interest, the price agreed between they could be artificially manipulated in order to produce an undue benefit to the detriment of the collection of taxes and duties.

At present, transfer price studies constitute a control element that is very helpful to the tax authority, so that´s why they have been gaining relevance, since it eases the supervision of operations that involve two or more companies that are part of a same business group, in order to verify that their prices adhere to reality and are not simple speculations to achieve economic benefits, without there really being a business reason.

Although the Transfer Pricing Studies were designed to prevent the erosion of the tax base in the determination of Income Tax, through the qualitative analysis of the various doctrinal positions on customs valuation, it is concluded that the information contained in them, it constitutes a valuable resource in determining prices in foreign trade operations