Customs valuation: royalties and license fees

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Customs value of the goods is one of the main factors for the right calculation of import duties. It consists of many cost elements to be considered by the importer. In this video you will learn, when one of the cost elements – the royalties and licence fees - should be included into the customs value of the goods.

The story is based on the facts from the judgement of the Court of Justice of the European Union in the case C-173/15

Comments ()

en, lt, ru
What's wrong with customs valuation in Ukraine?
22-05-2021

Customs valuation of goods imported into Ukraine is one of the most challenging stages of cross-border trade operations. It is relatively easy to determine the customs value of goods; however, it is almost impossible to convince the customs that the value is accurate and based on the actual price. Hence, there are many court appeals against customs decisions to adjust the customs value. The statistics of court proceedings on such cases are not in favour of customs. Thus, in cases involving Ukrainian customs, 80% (2330 out of 2917 considered over 11 months of 2020) of court decisions were made in favour of plaintiffs (importers, declarants, etc.).

Dr. Ilona Mishchenko

customs value/valuation
en, lt, ru
What's wrong with customs valuation in Ukraine?
22-05-2021

Customs valuation of goods imported into Ukraine is one of the most challenging stages of cross-border trade operations. It is relatively easy to determine the customs value of goods; however, it is almost impossible to convince the customs that the value is accurate and based on the actual price. Hence, there are many court appeals against customs decisions to adjust the customs value. The statistics of court proceedings on such cases are not in favour of customs. Thus, in cases involving Ukrainian customs, 80% (2330 out of 2917 considered over 11 months of 2020) of court decisions were made in favour of plaintiffs (importers, declarants, etc.).

Dr. Ilona Mishchenko

customs value/valuation
en, lt
Intrinsic value (e-commerce)
22-05-2021

Intrinsic value for commercial goods means the price of the goods themselves when sold for export to the customs territory of the Union, excluding transport and insurance costs unless they are included in the price and not separately indicated on the invoice, and any other taxes and charges as ascertainable by the customs authorities from any relevant document.

customs value/valuation
en, lt
Intrinsic value (e-commerce)
22-05-2021

Intrinsic value for commercial goods means the price of the goods themselves when sold for export to the customs territory of the Union, excluding transport and insurance costs unless they are included in the price and not separately indicated on the invoice, and any other taxes and charges as ascertainable by the customs authorities from any relevant document.

customs value/valuation
en, lt
CJEU: DAF transaction price and actual transport costs that exceed it
15-05-2021

The Court of Justice of the European Union (CJEU) examined a case regarding the determination of the customs value of imported goods (technical sulfuric acid). The question was raised whether customs authorities were entitled to add transport costs to the transaction price if, under the Incoterms DAF terms agreed between the parties, the transport costs were already included in the transaction price but actually exceeded it.

Monika Bielskienė

customs value/valuation
en, lt
CJEU: DAF transaction price and actual transport costs that exceed it
15-05-2021

The Court of Justice of the European Union (CJEU) examined a case regarding the determination of the customs value of imported goods (technical sulfuric acid). The question was raised whether customs authorities were entitled to add transport costs to the transaction price if, under the Incoterms DAF terms agreed between the parties, the transport costs were already included in the transaction price but actually exceeded it.

Monika Bielskienė

customs value/valuation
en, fr, lt
Overview of simplification on Customs valuation in the European Union
09-01-2021

In the EU, the “simplification for the determination of amounts being part of the Customs value of the goods” under the transaction value method allows operators to avoid the burden of a two-step declaration – i.e. a simplified declaration followed by a supplementary declaration – and to finalise Customs valuation declarations without delay in situations where there is no risk for the collection of import duties. Such simplifications are becoming increasingly relevant given the growing number of value elements, such as royalties or commissions, that cannot be quantified at the time of importation.

European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD)

customs value/valuation
en, fr, lt
Overview of simplification on Customs valuation in the European Union
09-01-2021

In the EU, the “simplification for the determination of amounts being part of the Customs value of the goods” under the transaction value method allows operators to avoid the burden of a two-step declaration – i.e. a simplified declaration followed by a supplementary declaration – and to finalise Customs valuation declarations without delay in situations where there is no risk for the collection of import duties. Such simplifications are becoming increasingly relevant given the growing number of value elements, such as royalties or commissions, that cannot be quantified at the time of importation.

European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD)

customs value/valuation
en, lt
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

customs value/valuation
en, lt
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

customs value/valuation
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