The conclusion of the agreement made with the Ministry of Finance, in relation to transfer pricing
The conclusion of the agreement made with the Ministry of Finance, in relation to transfer pricing
We
can assist in the conclusion of the Agreement with the Tax Committee of
the Ministry of Finance of the Republic of Kazakhstan.
This
agreement will allow you to operate for 3 years without any checks on
transfer pricing, i.e., if you enter initiate an agreement in 2009, the
next verification period will be in 2012.
Implementation of this request will consist of the following:
1. The study documents for the preparation of the Agreement;
2. Drafting of the Agreement;
3.
Participation in negotiations with the Tax Committee of the Ministry of
Finance of the Republic of Kazakhstan during the consideration of the
draft agreement;
4. Providing legal consultation during completion.
Recent Experience:
- Drafting of amendment agreements to the Crude Oil
Sale-and-Purchase Contracts to bring the Contract in compliance with
the new Law of the Republic of Kazakhstan ‘On Transfer Pricing’.
- Drafting of the transport contracts between seller and buyer with differential determination of oil and gas companies.
- Performance of pre-control audit and drafting of the opinions for Kazakhstani companies performing:
-
the exportation of oil, oil products and gas condensate, lead, zinc,
gold, silver, grain, coal, as well as zinc and lead concentrate;
- the importation of equipment for oil and gas and metallurgical sectors;
with
regard to compliance thereof with the transfer pricing law. Thereat,
the audit was performed according to the methods and forms used by tax
agencies.
- Drafting of opinions on possible facts of transfer pricing:
- for Kazakhstani-Russian gas enterprise when exporting dry gas and gas products;
- for Kazakhstani-China, Kazakhstani-Russian gas enterprises engaged in the export of oil and oil products;
-
for mining and metallurgical enterprises engaged in the export of oil
and oil products, lead, zinc, gold, silver, coal, zinc and lead
concentrate;
- for agricultural enterprises engaged in the export of corn, wheat, barley and cotton.
- Risk assessment for enterprise with regard to operating in the state with preferential taxation (offshore).
- Comparative analysis of prices existed during the period 2004 through 2009 for the main export goods items.
- Representation
of interests and protection of the rights of foreign oil companies,
Kazakhstani oil companies in disputes on transfer pricing including
successful appealing of audit results (over 5 bln Tenge were cancelled).
- Representation
of interests and protection of the rights of mining companies in
disputes on transfer pricing including successful appealing of audit
results (over 12 mln Tenge were cancelled).
- Monitoring of
transfer pricing transactions of the companies performing export of
cooper, steel, lead, zinc, gold, silver, aluminum oxide, chrome ore,
etc. in order to submit the results to the Tax Committee of the
Republic of Kazakhstan.
- Drafting of Agreements for Transfer Pricing Application that will be concluded between fiscal agencies and tax payers.
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