Tag Archives: customs-duties

VAT & Customs Duty – Valuation for import purposes

By   5 August 2022
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Methods of calculating import value

There are six methods for calculating the value of imported goods to assess the amount of Customs Duty and import VAT a business to pay. The same value is also used for trade statistics.

All six methods are outlined below and should be tried in order. If Method 1 does not apply, try Method 2. If that does not apply, try 3 and so on. However, Method 5 can be tried before 4.

Method 1

The transaction value – the price payable to the seller. This is the most common valuation and is used in most cases.

Try Method 2 if there has been no sale of goods.

Method 2

The customs value of identical goods, produced in the same country as the imports.

Try Method 3 if there are no identical goods.

Method 3

The customs value of similar goods, which must be:

  • produced in the same country
  • able to carry out the same tasks and be
  • commercially interchangeable

Try Method 4 if there are no similar goods.

Method 4

The selling price of the goods (or identical or similar goods) in the UK.

Try Method 5 if there are no UK sales of the goods.

Method 5

The production cost of the goods, including the cost of any materials, manufacturing and any other processing used in production.

Try Method 6 if this production cost information is unavailable.

Method 6

Reasonably adapting one of the previous methods to fit unusual circumstances.

Legislation

In the UK valuation is covered by the Taxation (Cross-border Trade) Act 2018 & The Customs (Import Duty) (EU Exit) Regulations 2018 and The VAT Act 1994, Section 19.

What to include in the Method 1 calculation

If they are not already included in the seller’s price, the importer must add the costs of:

  • delivery to the EU border
  • most commissions (except buying commission)
  • royalties and licence fees paid by you on the imported goods as a condition of sale
  • containers and packing
  • any proceeds of resale the seller will receive
  • goods and services you provide to the seller for free or at a reduced cost – eg components incorporated in the imported goods, or development and design work carried out outside the EU and necessary for the production of the imports

If you import goods from a processor – ie a business that assembles or otherwise works on one or more sets of existing products to create your new imported products – transaction values can be built up by adding to the processing costs the value of any materials or components you provided to the processor.

What to exclude from your calculation

Items to be left out of the customs value if certain conditions are met include:

  • delivery costs within the EU
  • EU duties or taxes
  • taxes paid in the country of origin or export
  • quantity and trade discounts and those relating to cash and early settlement, that are valid at the time the goods are valued
  • dividend payments to the seller
  • marketing activities related to the imports
  • buying commission
  • export quota and licence costs
  • interest charges
  • rights of reproduction
  • post-importation work, eg construction or assembly
  • management fees

Further details here.

VAT: HMRC – Customs changes from 1 January and 1 July 2022

By   6 December 2021
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Further to my article on new procedures, HMRC has issued a reminder of customs changes that come into effect on 1 January 2022.

It is now less than a month until full controls are introduced.

The Changes

  • Customs declarations

Businesses will no longer be able to delay making import customs declarations under the Staged Customs Controls Most importers will have to make declarations and pay relevant tariffs at the point of import.

  • Border controls

Ports and other border locations will be required to control goods moving Great Britain and the EU. This means that unless goods have a valid declaration and have received customs clearance, they will not be able to be released into circulation, and in most cases will not be able to leave the port. From 1 January 2022, goods may be directed to an Inland Border Facility for documentary or physical checks if these checks cannot be done at the border.

  • Rules of origin for imports and exports

The UK’s deal called the Trade and Cooperation Agreement (TCA), means that the goods imported or exported may benefit from a reduced rate of Customs Duty (tariff preference). To use this a business will need proof that goods which are:

. imported from the EU originate there

. exported to the EU originate in the UK

  • Commodity codes

Commodity codes are used worldwide to classify goods that are imported and exported. They are standardised up to six digits and reviewed by the World Customs Organisation every five years. Following the end of the latest review, the UK codes will be changing on 1 January 2022. HMRC guidance is available on finding commodity codes for imports into or exports out of the UK which includes information on using the ‘Trade Tariff Tool’ to find the correct commodity codes.

  • Postponed VAT Accounting

A VAT registered importer is able to continue to use Postponed VAT Accounting (PVA) on all customs declarations that are liable to import VAT (including supplementary declarations).

Further changes from 1 July 2022

The following changes will be introduced from July 2022:

  • requirements for full safety and security declarations for all imports
  • new requirements for Export Health Certificates
  • requirements for Phytosanitary Certificates
  • physical checks on sanitary and phytosanitary goods at Border Control Posts

Businesses must be prepared for these changes and I recommend that an experienced representative is used.

Government Freeports consultation

By   14 February 2020
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The Government is consulting on plans to create up to ten freeports. Freeports may provide tariff flexibility, customs facilitations and tax measures designed to encourage global trade and attract inward investment post-Brexit. The proposed Freeports will have different customs rules to the rest of the country.

What is a Freeport?

Freeports are secure customs zones located at ports where business can be carried out inside a country’s land border, but where different customs rules apply. The paper says that Freeports may:

  • reduce administrative burdens and tariff controls
  • provide relief from duties and import taxes
  • ease tax and planning regulations
  • offer simplifications to normal customs processes on imported goods
  • encourage global trade
  • provide hotbeds for innovation
  • increase prosperity areas surrounding Freeports by generating employment opportunities
  • attract inward investment post-Brexit

Typically, goods brought into a Freeport do not attract a requirement to pay duties until they leave the Freeport and enter the domestic market. No duty at all is payable the goods are re-exported. If raw materials are brought into a Freeport from overseas and processed into a final good before entering the domestic market, then duties will be paid on the final good.

Government aims

It is stated that the government wants Freeports to boost trade, jobs and investment. They say that is why they are proposing cutting red tape by streamlining customs processes, exploring the use of planning measures to speed up planning processes and accelerate development and housing delivery in and around Freeports, and consulting on a comprehensive set of tax breaks to support businesses. Of course, all this would be unnecessary if Brexit had not have occurred.

Deadline

The consultation deadline is 20 April 2020 so there is not a lot of time to make your views known.







VAT and Customs Duty – Impact of No-Deal Brexit

By   4 October 2018
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HMRC has published guidance on the likely implications of a No-Deal Brexit. The guidance states that it is “unlikely” that the UK will leave the EU without a deal, however, in the recent political climate, observers comment that a No-Deal scenario is increasingly likely (to put it conservatively). Consequently, business must be in a position to deal with a No-Deal from 29 March 2019. The guidance may be summarised as follows:

Current position

  • VAT is payable by businesses when they bring goods into the UK. There are different rules depending on whether the goods are acquisitions (EU) or imports (non-EU)
  • no requirement to pay VAT when goods from the EU arrive in the UK. A business acquiring goods from the EU accounts for VAT on the goods in its next VAT return, offsetting input tax against output tax (acquisition tax, a simple “reverse charge” bookkeeping exercise)
  • no Customs Duty on goods moving between EU Member States
  • goods that are exported by UK businesses to non-EU countries and EU businesses are UK VAT free
  • goods that are supplied by UK businesses to EU consumers have either UK or EU VAT charged, subject to distance selling thresholds
  • for services the place of supply (POS) rules determine the country in which a business needs to charge VAT

From 29 March 2019 with a No-Deal Brexit

  • the UK will continue to have a VAT system
  • the government will attempt to keep VAT procedures as close as possible to the current systems
  • acquisitions from the EU will become imports
  • imported goods from the EU (or elsewhere) will be subject to VAT deferment
  • Customs and Excise Duty formalities will now be required for EU imports
  • UK businesses supplying digital services are likely to be required to register for the one stop shop (MOSS) in a country within the EU
  • the rate of input recovery for providers of financial services (FS) and insurance may be improved
  • Low Value Consignment Relief (LVCR) is likely to be abolished for goods entering the UK as parcels, whether from within or outside the EU.
  • no requirement to comply with existing Distance Selling rules (exports of goods to individuals will be UK VAT free)
  • EC Sales Lists will not be required
  • Businesses need to take steps to examine their import and export procedures (!)

I have paraphrased some of the guidance for clarity and technical accuracy and the above points are not direct quotes. 

Commentary

The apparent good news is that UK businesses importing goods from the EU will not have to pay VAT on the date that the goods enter the UK, but rather, will be able to account for the VAT later via a deferment system, presumably similar to the one in place for current non-EU imports. Helpful for cashflow, but an unwanted additional complexity, especially for small businesses. A concern is that HMRC cannot deal with the documentation requirements even before Brexit see here

A big negative for UK business is the fact that customs declarations and the payment of any other duties will now be required for imports from the EU – in the same way as currently applies when importing goods from outside the EU. Consequently, for goods entering the UK from the EU

  • an import declaration will be required
  • customs checks may be carried out
  • customs duties must be paid.

This is an additional complication and a cost to a business which is currently able to bring goods into the UK from the EU without any of these declarations, payments or inspections. This is likely to lead to additional delays at the border and will certainly increase administration and costs. Whether this will encourage UK businesses to purchase more goods from UK suppliers remains to be seen. It is worth mentioning that HMRC has also said that UK  importers need to take steps apply for an Economic Operator Registration and Identification Number (EORI) for businesses which do not already have one. Details here

Brexit may provide a ray of sunshine for FS and insurance suppliers (well for VAT anyway, the commercial impact may be somewhat different). In the event of a No-Deal Brexit, for UK FS and insurance providers, input VAT deduction rules in respect of services to the EU may be changed. Although no details are provided, it appears to me that input tax attributable to these supplies will be treated similarly to those currently provided to recipients outside the EU. Which will broadly mean that those supplies which would be exempt if provided in the UK would provide full input tax recovery if the recipient belongs anywhere outside the UK. This will be very good news for The City.

LVCR currently relieves goods worth under £15 which come into the UK from outside the EU from UK VAT. Its abolition means that all goods entering the UK as parcels sent by overseas businesses will be liable for VAT (unless they are zero-rated from VAT) if the value is under £15. An unwelcome and apparently unnecessary change.

Generally

It is prudent for businesses to consider how their imported goods will be classified and how they will submit import declarations in the result of a No-Deal Brexit. HMRC suggests that importers may want to consider looking at suitable commercial software and, or, engaging a commercial customs broker, freight forwarder or logistics provider. We advise contacting the relevant providers sooner, rather than later, to establish what you, or your client’s business may require. Of course, all of the above will increase the potential of a business receiving penalties and interest if it gets it wrong.

If you would like to discuss any of the above, please contact me, or a member of my team. Readers that know me, may admire my restraint in commenting, politically, on Brexit…

As I often find myself saying recently – good luck everybody.







Changes to the import of goods

By   10 August 2018
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If a business imports goods from countries outside the EU, there are changes being made by HMRC which it needs to beware of. If a business currently uses the UK Trade Tariff to make Customs declarations it will be affected by these changes.

The changes are set out here for imports. We understand that the changes for exports will be made available later in the year.

If a business’ agent or courier completes its declarations on its behalf, it may be prudent for a business to contact them discuss the impact of the changes.

Background

An overview of the changes may be found here

And a general guide to importing here

Why is the Tariff changing?

HMRC is phasing in the new Customs declaration Service (CDS) here from August to replace the current Customs Handling of Import and Export Freight (CHIEF) system. As well as being a modern, digital declaration service, CDS will accommodate new legislative requirements under the Union Customs Code UCC here In order to comply with the UCC, a business will need to provide extra information for its declarations which can be found in the tariff.

When will a business be required to use the new Tariff?

The majority of importers will start using CDS after November 2‌018, once their software provider or in-house software team has developed a CDS compatible software package. Some importers will start making declarations on CDS before this, but there is no action for a business to take unless it has been contacted by HMRC to be part of this group.

Brexit

As is very common with Brexit, it is unknown how the UK leaving the EU will affect this position. With a No-Deal Brexit seeming likely, the above rules are likely to apply to goods brought into the UK from other EU Member States after next March.

Please contact us should you have any queries.







Beyblades – a Customs Duty case

By   17 July 2018
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Latest from the courts

In the Court of Appeal (CA) case of Hasbro European Trading BV (Hasbro) the issue was whether Customs Duty (CD) was due on the import of Beyblades. If they fall within the definition of a toy CD is payable at 4.7%. However, if they are more accurately classified as a game they are treated as duty free – so a significant difference in import cost dependent on what, superficially, appears to be a somewhat question of semantics.

Beyblades 

For the purposes of the case, it is important to understand what a Beyblade is and how it is used.

Beyblade is the brand name for a line of spinning tops originally developed and manufactured by Tomy in Japan. The main novelty is that they are a series of items which are customisable, with interchangeable parts. A Beyblade is set in motion by means of a rip-cord powered launcher.

A “game” is played with two players. Each player is allowed  a number of Beyblades to choose from during a match. Players may use any parts available to them to make their Beyblades), but may not switch parts once a match has started. The first player to reach seven points wins. Points are awarded to the player based on how their Beyblade knocks out the opponent’s

  • One point is awarded if the opponent’s Beyblade stops spinning
  • One point is awarded if the opponent’s Beyblade is knocked out of the stadium or into a pocket on the edge of the ring
  • Two points are awarded if the opponent’s Beyblade breaks during a game

The Arguments

The case concerned the classification of Beyblades’. The appellant, Hasbro contended that Beyblades are correctly classified as “articles for … table or parlour games” under heading 9504 of the Combined Nomenclature. In contrast, HMRC maintained that Beyblades should be classified as “other toys” under heading 9503,  The First-tier Tribunal FTT and the Upper Tribunal (U’) both previously agreed with HMRC’s analysis.

Classification

There are “explanatory notes” to the Harmonised System (HSENNs). The CA ruled that the classification rule which prefers the most specific description does not apply at the level of the HSENs: they are an important guide to interpretation, but do not have force of law.

The Decision

The CA allowed the appeal and went against the decisions in the FTT and UT. The judge concluded that “In the circumstances, it seems to me to fall to us to decide which of the alternative headings provides the more specific description. In my view, it is heading 9504. As I see it, “articles for … parlour games” encompasses a more limited range of goods than “toys” and “more clearly identifies Beyblades”, particularly since, as I say, “articles for … parlour games” reflects the fact that Beyblades are meant to be used in games…”. The fact that Beyblades are used in a competitive scenario seems to have swung the decision which knocked out HMRC. Consequently, there was no CD payable as they fell to be duty free.

Commentary

It does beg the question; why did this issue need to get to the CA for the appellant to finally win (but of course, this isn’t the first case which has raised that question). Perseverance was clearly the key word here. If you are convinced that HMRC is wrong on ay matter, it really does pay to challenge any ruling.







UCC extension of time to implement systems

By   5 March 2018
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The Union Customs Code (UCC) is part of the modernisation of customs and serves as the new framework regulation on the rules and procedures for customs throughout the EU.

On 2 March 2018, the EC proposed that Customs authorities and economic operators be allowed to continue using already existing systems for the completion of certain customs formalities until 2025 at the latest. While most of the new or upgraded electronic systems that are necessary to apply the provisions of the UCC will be operational by 2020, some electronic systems may not be fully completed until 2025. Therefore this proposal would ensure that, in the case of the small number of customs formalities to be managed by the electronic systems that will not be completed by 2020, already existing electronic systems or paper-based procedures can continue to be used until the new systems are ready.

Full details of the latest proposals here

More on the background of how UCC affects UK importers and exporters here







Imports – The jargon explained

By   1 March 2018
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The minefield of importing

VAT is only one consideration when importing goods.

Further to my article on proposed changes to imports and exports I have been asked what some terms used in the import of goods mean. So below is, what I hope, a helpful explanation of UK import terms.

We are happy to assist with any general queries and we provide a comprehensive Customs Duty service via our associates with specialised, in-depth knowledge of this complex area.

We recommend regular reviews of a business’ import procedures. This may highlight deficiencies but also provide opportunities to save money or improve cashflow.

Term Description
Anti-Dumping Duty A customs duty on imports providing a protection against the dumping of goods in the EU at prices substantially lower than the normal value
ATA carnet An international customs document for temporary importation and exportation regulated under the terms of the ATA or Istanbul Convention
C 88 (SAD) The UK version of the Single Administrative Document (SAD) for making import, export and transfer declarations
CAP Common Agricultural Policy
CDS Customs Declaration Service to be launched from August 2018. Replaces CHIEF
CFSP (Customs Freight Simplified Procedures) Simplified procedure for the importation of third country goods including the simplified declaration procedure and local clearance procedure
CHIEF (Customs Handling of Import and Export Freight). The Customs entry processing computer system. Soon to be replaced
CIE Customs input of entries to CHIEF
Community Member States of the European Union
Community Transit A customs procedure that allows non EU goods on which duty has not been paid to move from one point in the EU to another
Countervailing duty A customs duty on goods which have received government subsidies in the originating or exporting country
CPC (Customs Procedure Code) A 7-digit code used on C88 (SAD) declarations to identify the type of procedure for which the goods are being entered and from which they came. Details of CPCs can be found in The Tariff
Customs charges customs duties
import VAT
specific customs duty (previously CAP charges)
Anti-Dumping Duty
Countervailing Duty
excise duties
Customs duty An indirect tax that provides protection for Community industry. Raised on imported goods, it does not include excise duty or VAT
Customs warehouse A system or place authorised by customs for the storage of non-Community goods under duty and/or VAT suspension
EU European Union
EU Country Member country of the European Union
Euro (€) European currency unit
Excise duty A duty chargeable, in addition to any customs duty that may be due, on certain goods listed in The Tariff, volume 1 part 12 paragraph 12.1
Free Circulation Goods imported from outside the EU are in free circulation within the EU when:

all import formalities have been complied with

all import duties, levies and equivalent charges payable have been paid and have not been fully or partly refunded

goods that originate in the EU are also in free circulation
Free Zone A designated area into which non-EU goods may be moved and remain without payment of customs duty and/or VAT otherwise due at importation
INF6 (C1245) Information sheet 6 is a document used when TA goods travel between EU Countries. It provides details of the goods at the time of their first entry to TA in the EU. It does not replace the C88 (SAD)
IP (Inward Processing ) A customs procedure providing relief from import duty on goods imported to the EU or removed from a customs warehouse, for process and export outside the EU
Member State Member country of the European Union
PCC (Processing under Customs Control) A system of import duty relief for goods imported or transferred from another customs regime for processing into products on which less or no duty is payable
Person established in the EU In the case of a natural person, any person who is normally resident there.

In the case of a legal person or an association of persons, any person that has, in the EU:

its registered office
its central headquarters
or
a permanent business establishment
Person established outside the EU In the case of a natural person, any person who is not normally resident there.

In the case of a legal person or an association of persons, any person that has, outside the EU

its registered office
its central headquarters
or
a permanent business establishment
Pre-entry Notification to customs of your intention to export the goods by the submission of an entry
Preference Arrangements which allow reduced or nil rates of customs duties to be claimed on eligible goods imported from certain non-EU countries
SAD (Single administrative document) Document used throughout the EU for making import/export declarations – the UK version is Form C88
TA goods Temporary Admission goods
Tariff The Tariff consists of 3 volumes

Volume 1
contains essential background information for importers and exporters, contact addresses for organisations such as Department for Business, Innovation and Skills, Department of Environment, Food and Rural Affairs and Forestry Commission. It also contains an explanation of Excise duty, Tariff Quotas and many similar topics

Volume 2
contains the 16,000 or so Commodity Codes set-out on a Chapter by Chapter basis. It lists duty rates and other directions such as import licensing and preferential duty rates

Volume 3
contains a box-by-box completion guide for C88 (SAD) entries, the complete list of Customs Procedure Codes (CPCs), Country / Currency Codes, lists of UK ports and airports both alphabetically and by their legacy Entry Processing Unit (EPU) numbers, and further general information about importing or exporting.

The Tariff is available on an annual subscription and is also available at some larger libraries. You can buy the Tariff in printed and CD ROM formats or subscribe to the new e-service from the Stationary Service referred to in paragraph 1.5
Third country Any country that is outside the Customs Territory of the EU

It is likely that some of these terms will change in the future and with the uncertainty of Brexit who knows what changes will be required.







VAT: HMRC announce changes to import and export procedures

By   21 February 2018
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People get ready.

HMRC have announced that long overdue changes have been made to the Customs Handling of Import and Export Freight (CHIEF) system.

It has been developing a new system for processing customs declarations for imports and exports. The current system; CHIEF will be replaced by the Customs Declaration Service (CDS).  A phased launch of CDS will begin from August 2018.

Why CDS is replacing CHIEF

CHIEF is one of the world’s largest and most sophisticated electronic services for managing customs declaration processes, but it’s nearly 25 years old and can’t be easily adapted to new requirements.

The decision to replace CHIEF with CDS was made before the EU referendum however CDS will be scaled to handle any potential increases in the volume of declarations that may result from the UK’s exit from the EU.

How this will affect importers and exporters

If a business imports goods into, or exports goods to outside the EU, it (or its agent) will be currently using CHIEF to:

  • process declarations for goods entering and leaving the UK or EU through ports and airports
  • calculate and pay the correct duty and taxes
  • complete customs information electronically.

You will still be able to do these things on CDS, but there will be differences:

  • CDS will be accessed on G‌OV‌.U‌K through a Government Gateway account
  • CDS will offer several new and existing services in one place – for example, it will be possible to: view previous import and export data on pre-defined reports, check the tariff, apply for new authorisations and simplifications, and check a business’ duty deferment statement
  • online help will include self-service tools, guides and checklists
  • some additional information will be required for declarations in order to align with the World Customs Organisation Kyoto Convention, currently being implemented in the UK through the Union Customs Code (UCC).

When will a business need to start using CDS?

CDS will be phased in between August and early 2019, with CHIEF continuing to run during this time to aid the transition. A business or its agent will be informed by its software provider when it needs to provide the additional information in order to start making declarations on CDS.

HMRC has stated that it will keep businesses updated as the system develops. There will also be regular updates about CDS on GOV.UK.

Please contact us if you have any queries on this change.