The introduction of a new customs agreement between the United States and the European Union means significant changes for companies operating internationally. These changes directly affect tax strategies, transfer pricing documentation and the operating models of capital groups.
Agreement reached
On 27 July 2025, US President Donald Trump and European Commission President Ursula von der Leyen reached an agreement on a customs agreement imposing a 15% tariff on selected groups of goods. The agreed tariff will cover a large part of EU exports to the US.
Undoubtedly, the signed agreement and the related economic competition will have a significant impact on the conduct of business and the policy and strategy of international capital groups.
Impact of the new Trade Agreement on transfer pricing
Transfer pricing should be understood as a mechanism for settling transactions between related entities, in particular within a single capital group, often operating in different jurisdictions.
Companies operating on international markets in the context of geopolitical changes must now face new challenges, including those related to transfer pricing.
Ryzyka płynące z nałożonych stawek celnych mogą mieć istotny wpływ na politykę cen transferowych oraz na przyjęte modele operacyjno-finansowe przedsiębiorstw. Wprowadzone nowe stawki celne mogą wpłynąć m.in. na marżowość realizowanych transakcji co może przełożyć się na konieczność aktualizacji analiz benchmarkingowych oraz wprowadzenia zmian do przyjętych w Grupach polityk cen transferowych.
The risks arising from the imposed customs duties may have a significant impact on transfer pricing policies and on the operational and financial models adopted by companies. The new customs duties may affect, among other things, the margins on transactions carried out , which may necessitate updating benchmarking analyses and introducing changes to the transfer pricing policies adopted within the Groups.
In view of the changes in customs policy, the following should be considered:
- An analysis of the impact of customs policy on the profitability of transactions (changes in operating margins) and the requirement to adjust prices to market requirements by making transfer pricing adjustments.
- Re-analyse contracts/agreements in terms of customs charges and the possibility of renegotiating prices and allocating tariff risk
- An analysis of transfer pricing policy and possible adjustments to its assumptions, together with verification of customs value,
- An analysis of transfer pricing policy and possible adjustments to its assumptions, together with verification of customs value,
- Preparation of updated benchmarking analyses,
- Analysis of whether there has been a change in the supply chain that may result in significant changes in the functional profiles of companies, whether there have been changes in functions, assets or risks,
- Conclusion of an Advance Pricing Agreement (APA).
Changes in the economy currently require companies to keep their tax strategies up to date and manage tax risks carefully.
The new agreement has a direct impact on transfer pricing in transatlantic capital groups.
The new changes require businesses to integrate their transfer pricing policies with customs documentation and check that they are consistent. Once the US-EU Agreement enters into force, new areas will undoubtedly emerge in which we will be able to identify potential risks such as non-market pricing, the preparation of adjustments, the emergence of potential disputes with authorities regarding customs and tax discrepancies, and the risk of audits.
The changes taking place may force businesses to update their optimal transfer pricing policy or create a new transfer pricing model.
Moore Polska Tax & Legal: Your partner in business development
Ensure transfer pricing compliance and optimisation in 2025!
Moore Polska Tax & Legal supports its clients every day in all aspects of transfer pricing.
Customs changes can significantly affect your business. We offer professional advice on transfer pricing and pricing strategies, helping you minimise your tax burden and adapt your policies to new regulations. Contact us to secure your competitiveness!
We help and support in the preparation of:
- Local transfer pricing documentation,
- Benchmarking
- Submitting transfer pricing information (TPR form),
- Preparation of group documentation – Master File,
- Transfer pricing policies,
- Review of agreements/terms and conditions of transactions between related entities for compliance with arm’s length principles.
Feel free to contact us!
