{"id":277,"date":"2018-12-04T17:40:29","date_gmt":"2018-12-04T19:40:29","guid":{"rendered":"https:\/\/192.168.0.101\/new-growing\/bluemind\/?p=277"},"modified":"2019-06-18T13:57:42","modified_gmt":"2019-06-18T16:57:42","slug":"commodities-preco-de-transfencia-e-formacao-de-preco","status":"publish","type":"post","link":"https:\/\/www.tpbluemind.com\/en\/commodities-preco-de-transfencia-e-formacao-de-preco\/","title":{"rendered":"Commodities, Transfer Pricing and Price Formation"},"content":{"rendered":"<div class=\"reader-article-content\" dir=\"ltr\">\n<ul>\n<li>Transfer pricing has always been a complex issue in Brazil. And for the <em>commodities<\/em>, as it involves many variables (supply and demand throughout the year, port of origin and destination, freight and elevation costs, intermediation, harvest and off-season, among others), the complexity is even greater. Following international experience, transfer pricing rules in Brazil have incorporated specific methods and guidelines for this market since 2013.<\/li>\n<\/ul>\n<p>Transactions between related parties involving <em>commodities<\/em> will now be based on the average daily price of goods or rights subject to public prices on internationally recognized commodities and futures exchanges, adjusted upwards or downwards by the average market premium on the date of the transaction. Prices may also be adjusted for factors such as intermediation costs, packaging, freight and insurance, among others.<\/p>\n<p>It is undeniable that the current rules represent an evolution when compared to the previous ones. And the milestone in this evolution can be recognized by the possibility of using the date of the definition or setting of the price in the transaction, which the legislator defined as the \"transaction date\", as the reference date for obtaining the market price. Thus, the transaction date must correspond to the date on which the exporter and buyer set the price and other conditions in the negotiation. This is because companies can enter into a futures sales contract in which the price can be fixed at any time up until the date the <em>commodity is shipped<\/em>.<\/p>\n<p>A relevant aspect concerns how to prove the \"date of the transaction\". Large Brazilian commodity exporters use international structures to carry out their operations, concentrating exports in a group company abroad, in order to obtain greater competitive advantages by obtaining lower logistical and financial costs (port, logistical cost, proximity to the end market, exchange rate variation, financial cost, among other aspects). The commodities are then shipped to the end customer in the destination market. By market maximization, the end customer in the destination market will pay the fair and contracted price, i.e. prices that are benchmarked on the commodities and futures exchanges, adjusted for other trading factors. As the operations take place at different times, and the prices agreed are also set at different times, the documentation of the \"transaction date\" or price setting is decisive.<\/p>\n<p>Notwithstanding the documentation of the transaction date, the other applicable price adjustments will be decisive in concluding on the possible existence of a transfer pricing tax adjustment.<\/p>\n<p>Other aspects may be the subject of discussions between the taxpayer and the tax authorities. These include the products defined as <em>commodities,<\/em> the commodities and futures exchanges defined as a reference for prices and the formation of the average market premium. The first and second aspects were defined arbitrarily by the legislator. The third aspect is information that is not available on the open market.<\/p>\n<p>Defining an international pricing strategy for these operations is no easy task. In addition to transfer pricing rules, factors such as product cost, market, competition, function of demand and origination cost, exchange rate variation, capital structure, government rules, dumping, distribution cost, among others, must be incorporated into the equation.<\/p>\n<p>In such a dynamic operation and with so many market variables, having tools and knowledge that make it possible to monitor market information in real time for the business and the tax area is fundamental to the organization's success. This would allow:<\/p>\n<p>Analyze alternatives to reduce risks and take advantage of opportunities;<\/p>\n<p>Plan and implement a Global Transfer Pricing Policy;<\/p>\n<p>Execute and monitor prices and markets;<\/p>\n<p>Documenting;<\/p>\n<p>Comply with the relevant tax rules.<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Pre\u00e7os de Transfer\u00eancia sempre foi um tema complexo no Brasil. E para o mercado de commodities, por envolver muitas vari\u00e1veis (oferta e demanda ao longo do ano, porto de origem e destino, custos de frete e eleva\u00e7\u00e3o, intermedia\u00e7\u00e3o, safra e entressafra, entre outros), a complexidade \u00e9 ainda maior. Seguindo a experi\u00eancia internacional, a partir de [&hellip;]<\/p>","protected":false},"author":1,"featured_media":139,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,4],"tags":[],"_links":{"self":[{"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/posts\/277"}],"collection":[{"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/comments?post=277"}],"version-history":[{"count":6,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/posts\/277\/revisions"}],"predecessor-version":[{"id":409,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/posts\/277\/revisions\/409"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/media\/139"}],"wp:attachment":[{"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/media?parent=277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/categories?post=277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tpbluemind.com\/en\/wp-json\/wp\/v2\/tags?post=277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}