The UK government has released its final plans for the new Border Target Operating Model (“the Model”). The Model was initially set for implementation from October this year and has now been delayed to January 2024. The UK Government has agreed to this delay of three months following input from public consultation from the private sector and stakeholders. The Model which introduces the remaining sanitary and phytosanitary controls, as well as full customs controls for…
Following the re-tabling of the Malaysian Budget 2023 on 24 February 2023, the Malaysian Inland Revenue Board (IRB) and Royal Malaysian Customs Department (RMCD) have reintroduced the Special Voluntary Disclosure Programme (SVDP) 2.0 and the Voluntary Disclosure Programme (VDP) which apply to direct taxes and indirect taxes respectively. A similar programme was previously implemented in 2022 for indirect taxes and in 2019 for direct taxes, although there are some key differences in respect of the…
The ratification of two of the world’s mega-regional free trade agreements, namely the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), marks a significant milestone for Malaysia in its pursuit of bolstering foreign investments and expanding its trade horizons. Malaysia has successfully ratified the RCEP on 17 January 2022, followed by the ratification of the CPTPP on 30 September 2022. Subsequently, the RCEP came into force on 18…
On June 27, 2023, Japan’s Cabinet determined amendment to Export Trade Control Order, an supplemental regulations of Foreign Exchange and Foreign Trade Act, to add South Korea into the List No.3. Japan designates preferred trade countries (Group A Countries, formerly known as “White Countries”) in the List No.3 and provides preferential treatment for export of items from Japan to the listed countries, including granting general export license and exemption from catch-all controls. New Export Trade…
In our blog post “The Hamamatsu TP/customs valuation case comes to a surprising conclusion” we summarized the final judgment of the German Federal Fiscal Court (Bundesfinanzhof; “BFH”) in the “Hamamatsu” case. The BFH had ruled that taxpayers cannot claim refund of import duties in case of lump-sum TP adjustments applied at the end of the fiscal year that result in a subsequent lump-sum decrease in resale prices and thus in an intercompany credit note for…
Following the passing of a suite of legislations, sales tax at the rate of 10% will be imposed on low value goods (i.e., all goods outside Malaysia which are sold at a price not exceeding RM 500 and brought into Malaysia via land, sea or air modes) (“LVG”) sold by a seller (i.e., a person who sells LVG on an online marketplace or operates an online marketplace for the sales and purchase of LVG) (“Seller”).…
On 19 April 2023, the European Parliament adopted the final text of a new EU Regulation aimed at tackling deforestation and forest degradation (the “Deforestation Regulation”) requiring companies to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm-oil, rubber, soya and wood, to ensure that they have not been obtained as a result of deforestation. Once in force, obligated will have 18 months to implement the new…
On 31 March 2023, the UK announced that it will join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), joining 11 countries (including Mexico, Japan, Canada and Australia) across the Asia-Pacific region and becoming the first European country to do so. While the UK already has existing bi-lateral trade agreements with 9 of the 11 CPTPP countries, the biggest benefits will arise as other countries join the bloc (with applications to join by countries…
Introduction Post-importation transfer pricing (“TP”) adjustments have always presented great challenge for multinational companies doing business in China due to the lack of formal nationwide mechanism which simultaneously addresses the tax, customs and foreign exchange administration requirements, in order to allow customs valuation adjustment to be made in response to a post-importation TP adjustment. While a TP and customs aligned approach which was introduced in a pilot program in Shenzhen in 2022 allows retroactive TP…
On March 28, the Minister of Finance introduced Budget 2023, aptly titled a “Made-in-Canada Plan”. A key trade-related theme resonates throughout the Budget: futureproofing the Canadian economy to respond to realignment of global trade patterns. Budget 2023 highlights new policy based initiatives and legislative amendments to address: The global race to net-zero economies and “industries of tomorrow”; “Friendshoring” economies to limit dependence on authoritarian regimes for critical goods; Domestic supply chain weaknesses; Forced labour in…