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ECJ rules on liability of indirect customs representative
04-09-2022

This article looks what the ECJ decided in its recent Case C-714/20 (U.I.). In addition, the article will analyse this case in light of the previous ECJ cases on similar matters. It also touches upon the deductibility of the import VAT by the forwarders and carriers. Finally, the article looks at the practical implications of this case for the EU, particularly the Netherlands and some other EU Member States.

Dr Aiki Kuldkepp

customs brokers
en
ECJ rules on liability of indirect customs representative
04-09-2022

This article looks what the ECJ decided in its recent Case C-714/20 (U.I.). In addition, the article will analyse this case in light of the previous ECJ cases on similar matters. It also touches upon the deductibility of the import VAT by the forwarders and carriers. Finally, the article looks at the practical implications of this case for the EU, particularly the Netherlands and some other EU Member States.

Dr Aiki Kuldkepp

customs brokers
en
Financial consequences of indirect customs representation mode in the EU
26-06-2022

According to Article 18 of the Union Customs Code (UCC), the customs representative may carry out customs formalities by direct or indirect representation. Regardless of the method of representation chosen, the representation contract remains a mandate contract, which obliges the importer to guarantee the customs representative the payment of import duties and taxes incurred by the operation. The choice of the mode of representation, on the other hand, is important when the importer has disappeared (or become insolvent) and has left the customs representative alone to deal with customs. Indeed, if the representative has acted as an indirect representative, the administration can claim payment of the entire debt from him... except perhaps in the case of VAT, because, according to the CJEU, solidarity in VAT matters is not automatically established.

Anouck-Préscillia Biernaux

customs brokers
en
Financial consequences of indirect customs representation mode in the EU
26-06-2022

According to Article 18 of the Union Customs Code (UCC), the customs representative may carry out customs formalities by direct or indirect representation. Regardless of the method of representation chosen, the representation contract remains a mandate contract, which obliges the importer to guarantee the customs representative the payment of import duties and taxes incurred by the operation. The choice of the mode of representation, on the other hand, is important when the importer has disappeared (or become insolvent) and has left the customs representative alone to deal with customs. Indeed, if the representative has acted as an indirect representative, the administration can claim payment of the entire debt from him... except perhaps in the case of VAT, because, according to the CJEU, solidarity in VAT matters is not automatically established.

Anouck-Préscillia Biernaux

customs brokers
en
Why should importers care to provide quality information to their brokers?
24-11-2021

Many importers assume that once they hire a broker, they do not need to take time to understand customs and trade concepts. That can be a risky approach. In this article, we discuss how customs brokers operate in Canada and the EU; and why importers should care to provide quality information to their brokers.

Peter Mitchell

customs brokers, risk management
en
Why should importers care to provide quality information to their brokers?
24-11-2021

Many importers assume that once they hire a broker, they do not need to take time to understand customs and trade concepts. That can be a risky approach. In this article, we discuss how customs brokers operate in Canada and the EU; and why importers should care to provide quality information to their brokers.

Peter Mitchell

customs brokers, risk management
en
The role and importance of customs representation in Bulgaria
02-10-2021

This article discusses features of customs representation in the EU and focuses on its application in Bulgaria. Do economic operators rely on customs representatives in their dealings with the customs authorities?

Assoc Prof Dr Momchil Antov

customs brokers
en
The role and importance of customs representation in Bulgaria
02-10-2021

This article discusses features of customs representation in the EU and focuses on its application in Bulgaria. Do economic operators rely on customs representatives in their dealings with the customs authorities?

Assoc Prof Dr Momchil Antov

customs brokers
en, lt
Customs representation in the EU
08min
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customs brokers
en, lt
Customs representation in the EU
08min
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CustomsClear ㅤ

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customs brokers
en
What does it mean to have a direct or indirect representative for customs clearance in the UK?
21-07-2021

When goods cross a border, customs formalities need to be completed. The trader has the option to complete the formalities themselves, or engage someone else to do this for them. Generally, traders find someone, such as a customs agent, to complete the formalities for them. In this case, the customs agent would act as either a direct or an indirect representative. This article explains the difference between these two types of representations and what the responsibilities and liabilities are for both the trader and the customs agent.

Jessica Yang

customs brokers
en
What does it mean to have a direct or indirect representative for customs clearance in the UK?
21-07-2021

When goods cross a border, customs formalities need to be completed. The trader has the option to complete the formalities themselves, or engage someone else to do this for them. Generally, traders find someone, such as a customs agent, to complete the formalities for them. In this case, the customs agent would act as either a direct or an indirect representative. This article explains the difference between these two types of representations and what the responsibilities and liabilities are for both the trader and the customs agent.

Jessica Yang

customs brokers
de, en
Retrospective amendment of the customs declarant
29-05-2021

It often happens that customs declarations are incorrectly filled out. Such errors are not necessarily intentional and are often nothing more than carelessness. The question in such cases is whether it is possible to amend the customs declaration retrospectively and how. Whereas it is accepted it is possible to go back and correct particulars about the goods and their value, the customs administration has generally not allowed the customs declarant to be amended in this way. Among the reasons cited is that the relevant court judgements have also rejected such an amendment. We now have two recent judgements which deal with this question of the retrospective amendment of the customs declarant. How helpful are these judgements in practice?

Dr. Talke Ovie

customs brokers, law
de, en
Retrospective amendment of the customs declarant
29-05-2021

It often happens that customs declarations are incorrectly filled out. Such errors are not necessarily intentional and are often nothing more than carelessness. The question in such cases is whether it is possible to amend the customs declaration retrospectively and how. Whereas it is accepted it is possible to go back and correct particulars about the goods and their value, the customs administration has generally not allowed the customs declarant to be amended in this way. Among the reasons cited is that the relevant court judgements have also rejected such an amendment. We now have two recent judgements which deal with this question of the retrospective amendment of the customs declarant. How helpful are these judgements in practice?

Dr. Talke Ovie

customs brokers, law
en
Customs law: retrospective change of the customs declarant
29-09-2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity of the declarant. However, with some limitations, which we point out in the overview of the recent judgement of the European Court of Justice.

Dr. Talke Ovie

customs brokers
en
Customs law: retrospective change of the customs declarant
29-09-2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity of the declarant. However, with some limitations, which we point out in the overview of the recent judgement of the European Court of Justice.

Dr. Talke Ovie

customs brokers
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