BMF publishes new service regulations on customs value law

The new Union Customs Code (UCC) has been in force since May 2016 Customs valuation law and publishes a new service regulation for customs valuation law. Customs valuation law is one of the most complicated areas of customs law. Companies should therefore be well informed of the changes in order to avoid excessive customs duties, subsequent collection and penalties.

The Federal Ministry of Finance has issued the service regulations adapted to the UZK. The authorities are thus implementing the new provisions of the UZK and its accompanying ordinances (UZK-IA and UZK-DA), taking into account the transitional provisions.

Changes in customs value by the UZK

The main changes in customs valuation law are as follows:

  • Elimination of the pre-acquisition business In future, the applicant will no longer have the choice from which acquisition transaction he discloses the purchase price for the goods. There are transitional arrangements until 31.12.2017. However, certain conditions must be fulfilled under which protection of legitimate expectations can be granted.
  • Simplification in the case of split purchase prices If the amount of a component cannot be determined in the case of a split purchase price, simplifications may be requested. The amount will then be calculated on the basis of specific criteria.
  • Licence fees Under the new customs law, licence fees must be added to the customs value of goods to a greater extent than before. The service provision contains more detailed definitions of the concept of licence fees and various examples of when a licence fee is to be considered paid.

The service regulation is an internal guideline for the customs authorities on the application of the new customs valuation law. It is not binding on private individuals and is therefore generally open to attack.

The complexity of customs valuation law often requires professional legal assistance.

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