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Determination of customs value for imported goods

Thu, 13 Sep 2018 09:23:56 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) –  Through the receiving and responding system to recommendations of businesses, the CTCP Nha Be Garment Corporation recommends on tax policy for raw materials, supplies damaged / faded/old fashioned of the import contract to produce  export goods as well as raw materials are scrap and waste products in both processing and export.

With the material imported by the enterprise for export production (E31) and processing (E21) after the production process is redundant / damaged / old fashioned, the enterprise encounters problems in processing if the transfer domestic consumption as follows:

At present, local customs agencies are applying the price of the surplus / damaged / old fashioned goods at the price of the invoice (initial) or asking for price consultation (if in doubt). According to the enterprise, the calculation above causes damage to the business because the actual value of this material is very small, the availability of raw materials is almost 5-10%.

In addition, goods imported for the production of export commodities are subject to destruction pursuant to Article 27 of the Circular No. 38/2015 / TT-BTC shall be subject to tax payment.

For the processing of scrap and waste products of both types of processing and export, the CTCP Nha Be Garment Corporation proposed as follows: Enterprises apply for tax policy for raw materials Excess / damage of import declarations of E31 type such as raw materials and materials imported into processing form E21 when carrying out the destruction.

In addition, for excess raw materials to be sold domestically (including E31 or E21), the company will only declare tax at the price that the company actually sells in the domestic market. Value added invoices issued by the tax office after the liquidation or settlement of the use of raw materials and auxiliary materials with the customs office.

With the difficulties and problems mentioned above, the Nha Be Garment Corporation - The Corporation would like to summit for using  the competent agencies to consider and adopt a rational and open policy, create favorable conditions for production and business activities. , especially for garment exporters.

Regarding this issue, the General Department of Customs has the following opinions:

Commodities are not exempted from import duties:

Pursuant to Clause 7, Article 16 of the Law on Export Tax and Import Tax No. 107/2016 / QH13.

Pursuant to Article 12 of the Government's Decree No. 134/2016 / ND-CP dated September 1, 2004, detailing a number of articles and measures to implement the Law on Import and Export Tax.

Accordingly, goods imported for the production of exported goods are not subject to import tax exemption.

Taxes on scrap and waste products:

Pursuant to Clause 6, Article 3; Clause 1, Clause 2, Article 8 of the Law on Export Tax and Import Tax No. 107/2016 / QH13.

Pursuant to Article 5 of the Circular No. 39/2015 / TT-BTC dated March 25, 2015 of the Ministry of Finance, the customs value of imported goods shall be the actual price payable at the first import border gate, the methods specified in Clause 2 of this Article.

Pursuant to Clause 2, Article 17 of the Circular No. 39/2015 / TT-BTC, when imported goods have been used in Vietnam, their use purposes shall change with regard to the purpose they have been determined to be not subject to. tax, duty exemption consideration, customs valuation is the actual price paid or payable at the time of change of use purpose that be determined in accordance with the principles and methods of customs valuation stipulated in this Circular.

Accordingly, based on the above-mentioned provisions, if the enterprise registers import declarations for conversion of business forms (for domestic consumption), the customs value shall be determined at the time of registration of new declarations as follows:

- For surplus scrap and waste product, the customs value of imported goods is the actual price payable at the first import border gate as prescribed in Article 5 of the Circular No. 39/2015 / TT-BTC. declaration at the original declaration. The inspection and handling of inspection results shall comply with the provisions of Article 25 of Circular No. 38/2015 / TT-BTC.

- In case of excess scrap or waste product in the production process, the customs value of the imported goods shall be the actual price paid or payable at the time of change of use purpose, as prescribed in Clause 2, Article 17 of the Circular No. 39/2015 / TT-BTC. Pursuant to Clause 3, Article 3 of the Circular No. 39/2015 / TT-BTC, customs offices shall determine customs values ​​on the basis of the principles and methods of valuation, databases and vouchers in this case.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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