An analysis of the export and import contracts, in order to determine whether there are any risks associated with the transfer price
An analysis of the export and import contracts, in order to
determine whether there are any risks associated with the transfer price
We
offer a preliminary analysis of contracts, i.e. we study and identify
possible instances of the use of transfer pricing, provided that
prepared with comments and recommendations regarding the use of these
contracts, settling with customers, business correspondence, and
others.
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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