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by Atty. Mark Anthony Tamayo

(Last of two parts)
In last week’s article, we discussed briefly the link between transfer pricing (TP) and the customs valuation rules and the possible customs and tax implications of related party transactions.

One of the conditions on the acceptability of a declared value (particularly Method 1 or the Transaction Value of imported goods) for purposes of customs appraisement is that the buyer and the seller must not be related, or if related, such relationship did not influence the price of the goods. The Bureau of Customs (BOC) initially determines whether special treatment arising from a relationship influenced the “price actually paid or payable.” Once the issue is raised, the burden of proving otherwise lies with the importer.


by Atty. Mark Anthony Tamayo

(First of two parts)
Corporate taxpayers who source imported goods from related foreign suppliers should ensure that they do not only comply with transfer pricing (TP) rules but also with the rules pertaining to the valuation of imported goods for customs purposes.

Both TP and customs valuation rules essentially require that an “arm’s length” or “fair” value (i.e., transfer price between the parties must not be influenced by the relationship or it must be set in the same way as if the parties were not related) be set for cross-border transactions between related parties and associated enterprises.


by Atty. Mark Anthony Tamayo The Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC), both attached agencies of the Department of Finance (DOF), are the country’s main revenue collecting agencies. The government relies heavily on them to fund its various expenditures. Their yearly collection performances are influenced by a myriad of variables […]


By Atty. Euney Mata-Perez Today is a good and exciting day for our law firm. Beginning today and every Thursday, we have the privilege (thank you, The Manila Times!) of being able to share and write here about our work and passion – the law. We love the law because its intention is noble – […]


Contact Information

Our office address:

15/f Unit A. ACT Tower, H.V. Dela Costa St.
Salcedo Village, Makati City 1227 Philippines

Telefax: +632 831-1297

Telephone: +632 808-5375 • +632 815-0069

Email: info@mtfcounsel.com

Partners

Euney Marie J. Mata-Perez
euney.mata-perez@mtfcounsel.com

Mark Anthony P. Tamayo
mark.tamayo@mtfcounsel.com

Gerardo Maximo V. Francisco
gary.francisco@mtfcounsel.com