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By Antonio A. WEFFER, Tax and Transfer Pricing Principal Antonio MERINO, Avocat à la Cour, Head of VAT, Senior Tax Associate, Baker McKenzie
More than five years ago, the Court of Justice of the European Union (“CJEU”) ruled in the Hamamatsu Photonics Deutschland GmbH (“Hamamatsu”) case(1) that, according to the former EU customs legislation(2), a taxpayer cannot make ex post adjustments to customs value based on an intercompany agreement for goods under an advance pricing agreement (“APA”) concluded with the tax authorities.
An APA is an arrangement that may be unilateral (i.e., involving one tax administration and a taxpayer), bilateral (i.e., involving a taxpayer, an associated enterprise in a foreign country and the tax...
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