Expertise illuminates risks of 42xx customs clearance
42xx customs clearance: Legal opinion of Deloitte Österreich on behalf of Austria’s professional association for logistics and forwarding examines risks/liabilities
Extra vigilance is required in customs clearance according to the 42xx code – the so-called third party country or EU customs clearance – with the use of special UID numbers for forwarders. Austria’s professional association for logistics and forwarding of the Austrian Economic Chamber (WKO) has been emphasising this for a while.
To make this complex legal issue clearer, WKO charged Mr. Peter Haunold from Deloitte Österreich to set up a legal opinion. He completed his work a few days ago. It can be found on www.wko.at/spediteure.
THe core message of the paper is that there are enormous risks/liabilities for forwarders using the 42xx customs clearance with the special UID number, and even minor derivations from the standard may cause liabilities amounting to millions. Forwarders are not even able to check compliance with legal obligations of all parties involved (e.g. the correct registration of the profit and income tax in the recipient country which must be carried out by the recipient), but they are liable for it!
Customs law enables forwarders to carry out customs clearance for goods, which are destined for another member state of the European Union, without paying turnover tax on imports in Austria under certain conditions. The related enormous risks were barely known or not known at all until recently.
Quelle: LogEastics
Portal: www.logistik-express.com
