Tuesday, April 5, 2011

Cross-border Customs Compliance — the VAT Implications [EU]

(Lexology – Erik de Bie, Greenberg Traurig LLP)

The Modernized Customs Code of the EU provides importers the option to be authorized to declare and pay customs duties to local customs authorities in the country in which they are established, irrespective of where the goods enter the EU and their final destination within the EU. This regime is referred to as “Centralized Customs Clearance.” The related customs formalities and implications are well described, and the EU customs authorities are increasingly familiar with this important development.

However, when exploring options to implement the Centralized Customs Clearance options, importers are confronted with the fact that the VAT legislation is not in line with this centralized customs regime. From a VAT point of view, importers must still think “
Member State by Member State” rather than cross-border and centralized. The European Commission is studying which options are available to overcome this VAT problem, which is why it consulted with EU businesses to learn more about the options and preferences. The outcome of this consultation process was recently published. Read more here.