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Customs Valuation and Transfer Pricing Workshop in Bogota, Colombia

04 marzo 2019

The World Customs Organization (WCO), in collaboration with the Dirección de Impuestos y Aduanas Nacionales, Colombia (DIAN) and the support of the Korean Customs Cooperation Fund, organized a Customs Valuation and Transfer Pricing Workshop for the Customs Department and Tax Administration of Colombia. 

The workshop held in Bogota from 18 to 22 February 2019 was attended by about 50 officials, primarily from valuation and post-clearance audit teams.  The programme consisted of practical case discussions, including WCO Technical Committee on Customs Valuation (TCCV) instruments and several worldwide judicial disputes. The workshop methodology consisted of presenting practical cases with interactive discussions to exchange views and reflect on the outcomes.

Customs valuation issues such as related party transactions, royalties and high-value intangibles were discussed.  From the transfer pricing perspective, the discussion was mainly about the use of transfer pricing documentation for Customs valuation (OECD BEPS Action 13), retroactive adjustments, functional and comparability analysis. The participants also had the opportunity to reflect on the use of transfer pricing databases.

A central part of the workshop was about the interaction between Customs valuation and transfer pricing audit teams.  The interest for Customs rests in the examination of the circumstances surrounding the sale when there are doubts that the price has been influenced by the relationship while for Tax officials, the focus is the arm´s length principle.  The auditing of multi-national enterprises (MNEs) presents challenges for both teams.

Representatives from the private sector contributed to the workshop and participants had the opportunity to hear the local practitioners´ experiences and discuss lawyers’ main concerns about the topic.

This workshop provided a good platform for Customs and Tax officials to interact and learn each other’s methodology when addressing related party transactions.  Participants were encouraged to read the WCO Guide to Customs Valuation and Transfer Pricing (updated in 2018).