Want to understand what tax entrepôt trade belongs to. Entrepôt trade is defined as trade of goods between the country of production and the country of consumption through a third country. The best answer indicates that entrepôt trade does not directly correspond to a specific tax type. In terms of customs duties, the third country usually only charges a small fee, and the consuming country levies import duties according to its policies. For value-added tax, profit from price differences may involve corporate income tax, and related services may involve value-added tax, etc., which specifically depends on the tax policies of each country.
Who Should Pay Customs Duties for Imported Goods via an Agent? Do You Know?
Resolved
I hired an agency company to help me import goods. Now that the goods are about to arrive at the port, there's the issue of customs duty payment. The contract between me and the agency company did not clearly state who should pay the customs duties, and I'm not sure if it's me or the agency company who should pay in this situation. Are there any relevant regulations or industry practices to follow? I hope someone knowledgeable can answer this for me. Thank you!
Trade Expert Insights Answers
Regarding the payment of customs duties for imported goods through an agent, if the contract does not explicitly specify, the general principle of "who actually bears the tax burden" applies. Typically, the client, as the actual requester and ultimate beneficiary of the imported goods, is the one who actually bears the customs duties, so it is highly probable that the client should pay the customs duties. However, this is not absolute and depends on the specific business situation and communication between the parties.
From a legal perspective, the Customs Law of the People's Republic of China stipulates that the consignee of imported goods is the taxpayer of customs duties. In agency import business, if the agency company declares customs on behalf of the client, the client is the consignee and is responsible for customs duties. If the agency company declares customs in its own name, in certain circumstances, the agency company may need to pay customs duties first and then settle with the client. To avoid disputes, it is recommended that you negotiate with the agency company as soon as possible regarding the payment of customs duties, clarify responsibilities, and sign a supplementary agreement.
Generally speaking, it's common sense that if you hire an agency company to import goods, and you are the one who will use the goods, you should pay the customs duties, as you are the ultimate user and beneficiary of the goods. Even if the contract doesn't state it, it's more appropriate for you to pay the customs duties after discussing it with the agency company.
Typically, the client pays the customs duties because the agency company merely handles the import process. The actual rights and usage of the goods are with the client, so the client naturally bears the customs duties.
In this situation, I think it depends on who declares customs. If the agency company declares customs in its own name, it might have to pay customs duties first and then charge you. If it declares customs in your name, you'll likely pay directly.
Generally, the client pays customs duties by default, as the client is the true demander of the goods. You should communicate well with the agency company and handle it according to common practice.
In terms of industry practice, most clients pay customs duties because the goods ultimately belong to the client, and the agency company only provides agency services and does not bear the responsibility for paying customs duties.
If the contract is not clear, it may need to be determined based on the actual situation, such as how similar transactions were handled previously, or who finds it more convenient to pay between the agency company and the client, and then negotiate accordingly.
In most cases, the client pays, as it is related to the ownership and usage rights of the goods. You can negotiate amicably with the agency company and resolve it according to common practice.
Generally speaking, since the client is the ultimate beneficiary of the imported goods, it is more reasonable for the client to pay customs duties. It is recommended to clarify this with the agency company.
Generally, the client pays customs duties because the agency mainly provides services, and the tax liabilities related to the goods are usually borne by the client. You can confirm this with the agency.