May I ask what is the profile and procedure for making a price complaint?

Question: My company has imported products with prices quoted by suppliers, but Customs said that this price is too low compared to other companies that are importing, so the price is higher than the current price. Enter, my company does not agree and wants to complain. May I ask what is the profile and procedure for making a price complaint?
Reply:

Your question does not specify whether the Customs has set tax or not so in this case, we have the following opinion:
1. Regarding tax assessment:
According to Official Letter No. 905 / TCHQ-TXNK dated February 17, 2017 on inspection of customs value: “Where the customs authority has sufficient grounds to reject the declared value but the enterprise does not agree or the enterprise agrees with the establishment rejecting the declared value but not making additional declaration within the above time limit or the competent representative of the enterprise as prescribed by law does not come to the consultation on time or the person who comes to the consultation is not Being an authorized representative of an enterprise under the provisions of law without authorization, the tax assessment shall comply with the provisions of Clause 1, Article 39 of the Law on Tax Administration. "
2. Regarding tax payment time limits:
In Article 41 of the Law on Tax Administration No. 78/2006 / QH11 of November 29, 2006: "Taxpayers must pay a fixed tax amount according to notices of tax administration agencies. In case of disagreeing with the tax amount imposed by the tax administration agency, the taxpayer still has to pay such tax amount and has the right to request the tax administration agency to explain or lodge a complaint or initiate a lawsuit about the pressing. tax assessment ”.
Therefore, in case the enterprise does not agree with the price basis set by the customs office, it is still required to pay additional tax amounts as stated in the consultation minutes or in the tax assessment decision. After paying the full amount of additional tax, the company can appeal the customs office's decision to impose taxable values, or may even file a lawsuit at administrative courts of all levels. If the complaint is successful, the enterprise will be refunded the prescribed tax amount by the customs office and accept the declared value.
Bài viết khác
Import coffee filter paper (food containers) to produce products for export, not for domestic consumption 14/11/2020 10:07 The company produces roasted and ground coffee packed in drip coffee bags for sale to company A, which will export all of this product to its partner in China. The company imports coffee filter paper from Japan (HS 4823.20) only to produce this order, the supplier has the Certificate of Origin (Form JV) for the shipment and they have FSSC 22000 certificate. Clause 2, Article 4, Decree 15/2018 / ND-CP: "Products and raw materials to be produced or imported are only used for the production or processing of goods for export or for internal production of the organization. and individuals that are not sold in the domestic market are exempt from product self-declaration. ". What necessary procedures or documents do the company need to be exempt from product self-declaration and what instructions will it follow? Chi tiết
Our company recommends instructions for importing sample wine? 16/05/2019 15:02

Our company recommends instructions for importing sample wine?

 
Chi tiết
What is the National Single Window mechanism? What are the contents when implementing the national one-door mechanism? Responsibilities of ministries and agencies in implementing the National Single Window? 16/05/2019 13:20

What is the National Single Window mechanism? What are the contents when implementing the national one-door mechanism? Responsibilities of ministries and agencies in implementing the National Single Window?

Chi tiết
In which case, is the customs declarant supplemented? 16/05/2019 13:17

In which case, is the customs declarant supplemented?

 
Chi tiết
Phòng 01, Tầng trệt, Tòa Nhà Flora, Số 59 Đường 19, Khu Phố 19, Phường An Khánh, TP. HCM
 
 0988 6666 87        
 info@logisticsh-a.com                        Hotline: 
 
      
(028) 22335566
 
Hotline
Quý khách có nhu cầu vui lòng liên hệ
0988 6666 87