The issue of inclusion of dividends in the customs value of goods is one of the main subjects of court disputes within the framework of customs regulation. Despite this, there is still no legal certainty, although such attempts are being made.

What the new letter of the Ministry of Finance is about:

1. Dividends are indisputably included in the customs value if:

- the declarant has not provided information on the exporter's pricing methodology or evidence of the market price;

- payments named as dividends are such only in form, but in essence they ensure that the seller receives part of the income due to him from the sale of imported goods and fulfill this function in relations between the parties to a foreign trade contract.

2. The risk of manipulating the elements of the value of goods that form their customs value is realized under the following conditions:

- importation of goods is carried out within the framework of transactions between members of the same group of companies;

- income is formed mainly through the sale of imported goods.

In this case, the issue of payment of dividends is solely a matter of discretion of the foreign supplier and (or) interrelated members of the group of companies. 

To minimize the risk, customs authorities need to analyze the circumstances surrounding the sale of goods, including such things as:

- the terms and conditions under which the goods were purchased;

- the procedure (methodology) of pricing by the exporter.

3. Allowing the application of the procedure for deferred determination of customs value to include dividends.

However, the requirement to include in the contract a condition on the procedure for calculating a part of the seller's income received as a result of subsequent sale is mostly not feasible in practice. 

The position of the Ministry of Finance brings some certainty, but there are still gaps. Tax Compliance experts will continue to follow the development of practice.