New Import Duty/VAT Thread. Read Post #1 for Rules

pupmc42 · 04-10-2010 12:11pm

Hi, Do you know if you have to pay Custom charges when buying kids clothes on the internet? we dont pay tax here on childrens clothes.

Tried ringing them to see but cannot get an answer!

jor el · 04-10-2010 4:16pm

There's no VAT on children's clothing, but I'm not sure about duty. The duty limit is €150, so unless you're ordering over this amount you won't be charged anything.

pupmc42 · 05-10-2010 9:27am

jor el wrote: »

There's no VAT on children's clothing, but I'm not sure about duty. The duty limit is €150, so unless you're ordering over this amount you won't be charged anything.

thanks... does the $150 include the postage to?

rubadub · 05-10-2010 10:38am

pupmc42 wrote: »

thanks... does the $150 include the postage to?

Seems not
http://www.revenue.ie/en/customs/leaflets/pn1179.html

3. Consignments of Negligible Value

Consignments not exceeding an intrinsic value of €150 may be imported without payment of Customs Duty, while consignments not exceeding a total value of €22 may be imported without payment of VAT. (Intrinsic value is the value of the goods alone, and does not include insurance and freight.) However, it should be noted in particular that there is no relief (from Customs Duty, VAT or Excise duty) under this negligible value provision for importations of tobacco, tobacco products, alcohol products, perfumes or toilet waters irrespective of their value.

RUDOLF289 · 06-10-2010 4:04pm

jor el wrote: »

There's no VAT on children's clothing, but I'm not sure about duty. The duty limit is €150, so unless you're ordering over this amount you won't be charged anything.

Hello Jor El,

clothing generally attracts a rate of duty @ 12% (no relief for children's cloths).

If you buy from countries like Bangladesh, Pakistan etc, it may be possible to get a GSP form A, which in some cases reduces the rate of duty, in other cases it would be zero.

Cheers,
Rudolf289

bittihuduga · 13-10-2010 3:44pm

hi
i got a small parcel from china.
it is weight-2kg, cost-25euros, free shipping
the item was delivered via DHL
they put a customs import vat charge of 19.75.
they declared the product as 92.17euros even though it was marked as 25euros.
on enquiry they said DHL added the delivery charge.
i informed them it was a free delivery from the seller but still they did not listen to me.
are they right in charging me 19euros?

rubadub · 13-10-2010 4:11pm

bittihuduga wrote: »

hi
i got a small parcel from china.
it is weight-2kg, cost-25euros, free shipping
the item was delivered via DHL
they put a customs import vat charge of 19.75.
they declared the product as 92.17euros even though it was marked as 25euros.
on enquiry they said DHL added the delivery charge.
i informed them it was a free delivery from the seller but still they did not listen to me.
are they right in charging me 19euros?

What was the item and what did DHL tell them the delivery costs were? "free delivery" is usually a misnomer, the DHL price was included in the selling price. On the included invoice the seller should have put free shipping which would infer it is already included.

If customs do not believe the value put on the item they can put on their own price. e.g. if I got an ipod sent with a value of $10 they can put the current market value on it here. Then the onus might be on you to show them you really did only pay €25 in total, which does seem very cheap to get 2kg sent from China for -regardless even of the value of the item.

RUDOLF289 · 13-10-2010 4:46pm

bittihuduga wrote: »

hi
i got a small parcel from china.
it is weight-2kg, cost-25euros, free shipping
the item was delivered via DHL
they put a customs import vat charge of 19.75.
they declared the product as 92.17euros even though it was marked as 25euros.
on enquiry they said DHL added the delivery charge.
i informed them it was a free delivery from the seller but still they did not listen to me.
are they right in charging me 19euros?

Hello Bittihuduga,

I take it that it was a sample shipment ? Then the argument is actually with customs. You will need to make a case with them. This is what you need to do ;

1) Contact DHL (suggest you get an e-mail address of the preson you are talking to) and ask the following ;

A) Copy of the customs entry submitted on your behalf

Address of the customs office where this entry was lodged

2) Write to Customs and explain your query, that it is a free sample of no commercial value, not for resale and that the value shown is a value for customs purposes only.

So, by pass DHL and query it directly with customs. They ultimately make the decission. If you leave it up to DHL, well let's say they are not all that interested in taking on the additional administration and correspondance over a relatively small amount.

So, if you are absolutely able to proof that what you got is a sample, of no commercial value and that what has been shown is a value for customs purposes only, I think you have a case. But only if you have proof.

Let us know how you get on

Cheers,
Rudolf289

RUDOLF289 · 13-10-2010 4:55pm

rubadub wrote: »

What was the item and what did DHL tell them the delivery costs were? "free delivery" is usually a misnomer, the DHL price was included in the selling price. On the included invoice the seller should have put free shipping which would infer it is already included.

If customs do not believe the value put on the item they can put on their own price. e.g. if I got an ipod sent with a value of $10 they can put the current market value on it here. Then the onus might be on you to show them you really did only pay €25 in total, which does seem very cheap to get 2kg sent from China for -regardless even of the value of the item.

Hello Rubadub,

You are right, Customs may use the "open market value" in order to asses duty and VAT. However, as I said, if it is a sample, can be demonstrated to be a sample and that no money changed hands to obtain the sample, then they will accept this and normally release this without charging duty and/or VAT.

Unless the declaration on the parcel makes it clear that it is a sample of no commercial value, not for resale and supplied Free Of Charge, then the DHL clerk on the desk is obliged to enter the shipment to customs and add a freight charge.

Even with a reference to a sample shipment, customs may still inspect the goods and form a different opinion.

Regards,
Rudolf289

bittihuduga · 13-10-2010 10:07pm

thanks folks for your help.
the invoice on the parcel was marked as sample receiver and the price was marked as 30USD including shipping.

jor el · 14-10-2010 12:14am

Is that declaration accurate though? Getting a 2kg parcel courier delivered from China, and expecting customs to believe it has a total value of under €25, including delivery, is not realistic. It's probable that they believe this is a false declaration, and have valued it accordingly.

DYLF · 14-10-2010 9:25am

weather you paid for shipping or not is irrilevent. customs make there own estimations of what shipping should cost and charge you on this. in your casr 2kg from china by courier customs would estimate your shippint to be €84.40
so if you add the value on the goods to this your doing well to only have paid 19 vat and duty on it....

RUDOLF289 · 14-10-2010 10:09am

DYLF wrote: »

weather you paid for shipping or not is irrilevent. customs make there own estimations of what shipping should cost and charge you on this. in your casr 2kg from china by courier customs would estimate your shippint to be €84.40
so if you add the value on the goods to this your doing well to only have paid 19 vat and duty on it....

Hello DYLF,

am afraid I have to disagree on several points with you.

1) The import declaration was made by DHL. They added a nominal amount for freight.
2) Customs has ways and means of establishing what the freight costs would be, but, as under 1) it is the customs broker (in this case DHL) that makes the entry and values the shipment

The issue is not the value of the shipment. The issues are;

1) Is this a sample in the true sense of the word, i.e. to show prospective customers, not for resale etc.
2) Did the receiver pay for the sample

If 1 is yes and 2 is no, then there would be no requirement in the 1st instance to issue a customs declaration and therefore no VAT would be levied (Duty would not have come into it in any event because the value declared in this instance is under € 150.00).

If bittihuduga can proof this, then a refund can be obtained.

The problem with courier companies is that due to the sheer volume of work, there is simply no time to properly asses borderline cases. In the case of this shipment, the description on the package is not clear enough to convince that they (DHL) are dealing with a sample.

Regards,
Rudolf289

rubadub · 14-10-2010 10:22am

Found this on revenue.ie

3.1
RELIEFS THAT APPLY TO BOTH CUSTOMS DUTY & IMPORT VAT
The following is a list of reliefs that apply equally to both Customs Duty and Import VAT:
(i)
used personal property imported on transfer of residence;14
(ii)
goods imported on transfer of residence on the occasion of a marriage;15
(iii)
personal property acquired by inheritance;16
(iv)
scholastic materials and household effects imported for their personal use during the period of their studies by students whose normal residence is outside the Community;17
(v)
capital goods and other equipment imported on transfer of a business activity;19
(vi)
animals and biological or chemical substances intended for research;20
(vii)
therapeutic substances of human origin, blood grouping and tissue typing reagents;21
(viii)
articles imported by official bodies or by charitable or philanthropic organisations;23
(ix)
articles intended for disaster victims;25
(x)
honorary decorations, awards and similar objects;26
(xi)
presents received in the context of international relations;27
(xii)
goods to be used by monarchs and heads of state;28
(xiii)
samples of negligible value for the purpose of soliciting sales;29
(xiv)
printed advertising matter such as catalogues, price lists, directions for use or brochures relating to goods for sale or hire or services offered, by a person outside the State;30
(xv)
goods imported for trade promotion purposes;31
(xvi)
goods imported for examination, analysis or test purposes;32
(xvii)
consignments sent to organisations protecting copyrights or industrial or commercial patent rights;33
(xviii)
miscellaneous documents and articles of no commercial value;35
(xix)
ancillary materials for the stowage and protection of goods during their transportation;38
(xx)
litter, fodder and feeding stuffs for animals during their transportation;39
(xxi)
fuels and lubricants present in means of transport and accompanying portable containers;40
(xxii)
materials for the construction, upkeep or ornamentation of memorials to, or cemeteries for, war victims;41
(xxiii)
coffins, funerary urns and ornamental funerary articles;42 and
(xxiv)
gift consignments not exceeding €45 in value, excluding Tobacco Products, Alcohol, Perfume and Toilet Waters.48

But the onus is probably on you to prove this. Most of the stuff I get from China on ebay is marked as a sample and/or gift of low value. They are all at it so its not surprising you were charged.

jor el · 14-10-2010 10:46am

RUDOLF289 wrote: »

1) The import declaration was made by DHL. They added a nominal amount for freight.
2) Customs has ways and means of establishing what the freight costs would be, but, as under 1) it is the customs broker (in this case DHL) that makes the entry and values the shipment

DHL know exactly what the delivery charge was, because they are the ones delivering it. The value declared on the invoice was put there by the sender, and could easily be false. In fact, it sounds like it is. DHL know this is bogus, as do customs officials. The important thing is not what's declared, but what the actual value is. If this is not a non-commercial sample, and has a value greater than the declared $30, then it's fair game.

The onus would be on the recipient to prove it's value, or non-commercial sample status. It seems that customs do not believe the current declaration.

RUDOLF289 · 14-10-2010 10:55am

Hello Rubadub,

would be interested in the link to the item you posted there.

As I said, if this is a case of a genuine trade sample, then there should be no requirement to submit a formal entry. Predicated ofcourse that it meets the criteria,

Cheers,
Rudolf

RUDOLF289 · 14-10-2010 11:06am

jor el wrote: »

DHL know exactly what the delivery charge was, because they are the ones delivering it. The value declared on the invoice was put there by the sender, and could easily be false. In fact, it sounds like it is. DHL know this is bogus, as do customs officials. The important thing is not what's declared, but what the actual value is. If this is not a non-commercial sample, and has a value greater than the declared $30, then it's fair game.

The onus would be on the recipient to prove it's value, or non-commercial sample status. It seems that customs do not believe the current declaration.

Hello Jor-El,

we have established that DHL made the entry, so now it is upto the poster to appeal the decission. He can only do that if he has the correspondance to proof that and to declare that indeed this was a sample.

I would give bittihuduga the benefit of the doubt, he has our advice as to how to appeal the VAT levied, it is now down to him to make the case to customs.

Cheers,
Rudolf289

kc66 · 21-10-2010 12:33pm

Does it usually show on the parcel tracking if an item was held/checked by customs? I got a high value small package via UPS.
There was no duty charged at time of delivery and no mention of anything on the tracking.
I got items before and it showed on the tracking that they were checked by customs.

DYLF · 21-10-2010 1:26pm

yeah it should always show up on the tracking if its gone through customs

There was no duty charged at time of delivery

you may just be lucky and have gotten it through customs without them noticing the value

jor el · 21-10-2010 2:42pm

Sometimes the courier will charge you after deliver. You may wait and see if a bill arrives, as it may still happen.

kc66 · 21-10-2010 4:15pm

jor el wrote: »

Sometimes the courier will charge you after deliver. You may wait and see if a bill arrives, as it may still happen.

I know they may charge afterwards but what I am really asking is does it always show on the tracking if it went through customs. DYLF seems to have answered that... thanks.

jor el · 21-10-2010 5:47pm

kc66 wrote: »

I know they may charge afterwards but what I am really asking is does it always show on the tracking if it went through customs.

I don't think that's always the case. If customs inspect it, then it should show up. Couriers will often apply the VAT and charges to the delivery without any official intervention by customs though. This would not show up on the tracking info, as it's just a paperwork exercise.

DYLF · 22-10-2010 8:47am

If customs inspect it, then it should show up.

it should always show up.. even if customs dont inspect it they still need to stamp the paperwork

Couriers will often apply the VAT and charges to the delivery without any official intervention by customs though.

and wouldnt this be illegal???

jor el · 22-10-2010 10:07am

DYLF wrote: »

and wouldnt this be illegal???

No, they collect on behalf of Revenue. This is how it's always worked. There doesn't need to be an actual inspection. If the declared value is enough to go on, then the tax can be applied.

Belfast · 25-10-2010 10:03pm

From revenue.ie (my bold)

Duty Paid allowance for Travellers
DUTY PAID AND TAX PAID GOODS.
No additional duty or tax will be charged on goods bought duty and tax paid (e.g. in shops, supermarkets etc.) in another EU country, provided the goods are for your personal use.

If your purchases are equivalent to or less than the quantities shown in the table they will, generally speaking, be regarded as for personal use. If you exceed these quantities you may have to prove that the goods are for your personal use.
GOODS MAXIMUM QUANTITY

Cigarettes 800

Cigarillos 400

Cigars 200

Smoking Tobacco 1kg

"If you exceed these quantities you may have to prove that the goods are for your personal use"

How would you prove they were for personal use?

What would be considered valid evidence?

or is it even possible to prove they are for personal use?

DYLF · 26-10-2010 11:23am

jor el wrote: »

There doesn't need to be an actual inspection.

Correct...
.. but the paperwork will still have to go through the customs system.. and therefore should still show up on the couriers tracking system. and if there was Duties owed on it they will ask for it on delivery.. not invoice you later.

jor el · 26-10-2010 5:48pm

DYLF wrote: »

and if there was Duties owed on it they will ask for it on delivery.. not invoice you later.

I've seen it happen many times that the invoice comes post delivery, and no mention of charges are made at the time of delivery.

It may well be that there are no charges to come on this delivery, but I wouldn't rule it 100% out.

kc66 · 27-10-2010 9:06am

Last week on the same day I received the parcel, I received a letter by post from UPS requesting to call them. I assume it was because of duty. Haven't called them yet

luvs2spooge · 29-10-2010 6:58pm

Hello all,

Hope this isnt the wrong place to post.

Anyway, i recently ordered clothes form the US as i have done numerous occasions before. I knew i would have to pay import duty and VAT-no problem there either!

But theres no way the price of the charges can be right.

The lowdown:

Clothes total $391 + $50 shipping = $441 which is €316

Duty Charge = €35.04

VAT = €68.68

Post Office Charge = €6

TOTAL I WAS CHARGED = €109.72

From all thte times i got clothes before imported i was charge 12% on the overall price for thte Duty charge, then add this on and then work out the VAT at 21%.

Basically my query is, does this charge seem wrong to people or has there been a genuine mistake here and if so how do i go about recouping/appeal the mistake made?

What I believe has happened is that the person computing this in Customs has forgotten to change the overall total of the goods from Dollars to Euros i.e the origianal total of $441 was taken as being €441 Euros.

Id really appreciate help on this matter, so thanks in advance.

jor el · 29-10-2010 8:22pm

Looks right to me.

€316 * 0.12 = €37.92 for duty
€316+37.92 = €353.92 * .21 for VAT = €74.32

Charges are then €37.92 + 74.32 = €112.24 + An Post fee of €6 = €118.24, so they're actually under charging you. Also, you're being very generous with converting the dollar to euro, it should be more like €330, not €316.

What did you think it would be?

New Import Duty/VAT Thread. Read Post #1 for Rules

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