Theodor van Stephoudt

Theodor van Stephoudt

Economist

Hello! I'm Theodor, I specialize in global tax controversy and dispute resolution.

About me

I possess considerable expertise collaborating with clients to craft transfer pricing documentation, devise suitable intercompany pricing strategies, and evaluate intangibles, tangible assets, and entities for tax purposes.

Advanced Pricing Agreements

Taxpayers operate in an increasingly regulated business environment, where transparency is key. Taxpayers need a certain degree of certainty in managing their tax and their potential exposure to risk. Advance pricing agreements (APAs) help provide taxpayers with that certainty.

An APA is a contract, usually for multiple years, between a taxpayer and at least one tax authority specifying the pricing method that the taxpayer will apply to its related-company transactions. These programs are designed to help taxpayers voluntarily resolve actual or potential transfer pricing disputes in a proactive, cooperative manner, as an alternative to the traditional examination process. An APA offers a company several other benefits. It provides greater certainty on the transfer pricing method adopted, mitigating the possibility of disputes and facilitating the financial reporting of potential tax liabilities. Importantly, an APA also reduces the incidence of double taxation, and the costs associated with both audit defense and documentation preparation.

How Theodor van Stephoudt can Help

Assistance with APA requests is one of the key offerings of Theodor’s global tax controversy and dispute resolution network. Theodor has substantial experience helping companies across a diverse range of industries obtain APAs covering a broad spectrum of intercompany transactions. Theodor can work with you to develop strategies at both the global and local level, and guide you through the process of requesting APAs to help you ensure successful outcomes.

Why Multinationals Should Consider Customs Approaches in Transfer Pricing

Understanding and aligning with the methodologies employed by customs authorities in transfer pricing (TP) matters is essential for multinational corporations. The valuation of goods in cross-border transactions is of paramount interest to both customs and TP authorities. However, while both share this interest, they operate under distinct tax frameworks, leading to potential discrepancies that could impact tax outcomes adversely across jurisdictions where goods are imported.

Despite attempts to harmonize TP and customs policies, there is no universally agreed-upon approach. TP policies serve as valuable references, and mandatory disclosure requirements offer increased access to information for various tax administrations, including customs authorities. Consequently, achieving compliance from both customs and TP perspectives remains complex, necessitating close collaboration among tax teams, including customs experts.

Issues arise due to differing perceptions of goods’ prices: TP authorities in the importing country may view prices as too high, reducing taxable profits, while customs authorities may challenge prices deemed too low to decrease import duties. Ideally, transfer prices would align with customs values, but in practice, TP authorities adhere to OECD Guidelines, while customs authorities follow the General Agreement on Tariffs and Trade Valuation Code. This disparity can lead to differing treatments of year-end adjustments and attract customs authorities’ attention to companies proactively adjusting transfer prices during the tax year.

Recognizing the potential utility of TP documentation for customs purposes, companies must ensure alignment between the level of detail and information expected by tax and customs authorities. Additionally, procedures may be necessary for customs acceptance of transfer prices, such as pre-import reporting of TP policies.

Companies can take proactive steps to address these challenges and optimize outcomes:

Skills

JavaScript
85%
PHP
95%
Python
75%
Photoshop
80%

My Experience

2015-2021

ACME Company

Lead UI/UX Designer

I have responsibly led a team of 12 designers to help, supervise and approve their designs to make sure it matches client expectations and latest design standards.

2011-2015

Dynamic Capital INC

Web Developer

I was responsible for all the in-house and client-based web development assignments. I take pride in having helped the best of clients and getting maximum ratings for the company.

2003-2011
Dynamic Capital INC

UI/UX Designer

I was a part of an amazing design team and worked together with them to help design and develop apps and websites for different clients of the company.

My Life