Indirect Taxes
Indirect Taxes
8. Blocked credit:
Blocked credit refers to a situation where a person's access to
credit, such as loans or credit cards, is restricted or temporarily
suspended by a financial institution or creditor. When credit is
blocked, the individual may be unable to make new purchases or
obtain additional loans until the issue causing the block is resolved
with the creditor or financial institution.
10 & 20 MARKS
1. Import procedure.
The import procedure involves a series of steps to bring goods
from a foreign country into your domestic market. Here's a
breakdown of the key stages:
1. Pre-Shipment:
a. Research and Planning: Identify the product you want
to import, research regulations and restrictions, and find
a reliable supplier abroad.
b. Proforma Invoice: Request a proforma invoice from
the supplier. This document details the product
description, quantity, value, and payment terms.
c. Import License: Depending on the product you're
importing, you may need to obtain an import license
from the relevant government agency.
2. Shipment:
a. Contract and Payment: Finalize the contract with
your supplier and arrange payment according to the
agreed terms. This may involve letters of credit or other
secure payment methods.
b. Booking Shipment: Work with a freight forwarder to
book shipping arrangements. Common options include
air cargo, sea freight, or land transport (for neighboring
countries). The forwarder will handle customs
documentation preparation.
c. Commercial Invoice: Receive a final commercial
invoice from your supplier. This detailed document
includes information like product description, HS code
(harmonized system code for classifying goods),
quantity, value, and incoterms (international
commercial terms that define responsibilities between
buyer and seller).
d. Packing List: Ensure you receive a packing list
detailing the contents of the shipment, including item
descriptions, quantities, and package
weight/dimensions.
3. Customs Clearance:
a. Import Declaration (Bill of Entry): File an import
declaration with customs authorities. This document
details the shipment information from the commercial
invoice and packing list.
b. Customs Duty & Taxes: Pay any applicable customs
duties, taxes, and other customs fees based on the
product category and value.
c. Customs Inspection: In some cases, customs may
physically inspect the shipment to verify the declared
information and ensure compliance with regulations.
4. Delivery and Post-Import:
a. Release of Goods: Once customs clearance is
complete, you will receive your shipment.
b. Domestic Taxes: Depending on your location, you may
need to pay additional domestic taxes like sales tax on
the imported goods.
c. Compliance Records: Maintain copies of all import
documents for record-keeping purposes, as they may be
required for future audits.
5. Additional Considerations:
a. Insurance: Consider purchasing cargo insurance to
protect your shipment against damage or loss during
transportation.
b. Import Regulations: Always stay updated on import
regulations and restrictions for the specific product
category you're importing. These can change
periodically.
c. Brokerage Services: For complex imports, consider
using a customs broker to navigate the process and
ensure compliance.
Following these steps will ensure a smoother import experience.
Remember, specific requirements may vary depending on your
location and the type of goods you're importing. Consulting with a
customs broker or relevant government agencies is always
recommended for the latest regulations and guidance.
2. Export Procedure:
Export Procedures under Customs Law:
Customs law plays a crucial role in regulating the flow of goods
across borders. Here's a breakdown of the export procedure within
the framework of customs law:
1. Pre-Export Compliance
a. Classification and Valuation: Exporters must ensure
their goods are correctly classified under the
Harmonized System (HS) code. This code determines
applicable duty rates and regulations in the destination
country. Additionally, exporters must declare the
accurate transaction value of the goods according to
customs valuation rules.
b. Export Licenses and Permits: Certain goods may
require export licenses or permits from relevant
government agencies for national security,
environmental protection, or other reasons.
c. Export Declaration: Exporters are legally obligated to
file an export declaration with customs authorities. This
document details the shipment information, including
the HS code, value, description, and destination
country. It serves as a formal notification to customs of
the intended export.
2. Customs Clearance and Controls:
a. Documentation Review: Customs authorities will
meticulously review export declarations and supporting
documents (commercial invoice, packing list, certificate
of origin, etc.) to verify accuracy and compliance with
regulations.
b. Physical Inspection: In some cases, customs may
select shipments for physical inspection to ensure the
declared goods match the documentation and comply
with export restrictions. X-ray or other non-intrusive
inspection methods may also be employed.
c. Export Duties and Taxes: Depending on the product
category and trade agreements, exporters may be liable
to pay export duties or taxes before the goods are
released for shipment.
3. Post-Export Requirements:
a. Recordkeeping: Exporters are required to maintain
copies of all export documentation for a specified
period (usually several years) as per customs
regulations. These records may be requested for audits
or investigations.
b. Electronic Export Information System (EEI): Many
countries utilize electronic export information systems
(EEI) where exporters submit export declarations and
supporting documents electronically. This streamlines
the process and facilitates data exchange between
customs and other government agencies.
4. Additional Considerations:
a. Export Prohibitions and Restrictions: Certain goods
may be prohibited or restricted from export due to
national security concerns, public health reasons, or
international trade agreements. Exporters must be
aware of these restrictions to avoid legal repercussions
and delays.
b. Dual-Use Goods: Goods with both civilian and
military applications may be subject to stricter export
controls. Exporters should consult with customs
authorities for guidance on handling dual-use goods.
c. Penalties for Non-Compliance: Failure to comply
with customs regulations can result in penalties,
including fines, seizure of goods, or even criminal
charges. Exporters are responsible for ensuring their
shipments adhere to all relevant customs laws.