CUSTOMS PROCEDURES TAXATION
The special importance of this component is found from the initial planning stage of the business. Effective planning of a business must take into account the results of a pertinent financial analysis of any investment , the investor’s decision being influenced by the investment alternatives and related tax implications of each of them. Equally effective business planning takes into account the estimated taxable profits to be obtained at all stages of the business life cycle, of any tax breaks that could benefit from the tax treatment of costs, of the potential of withholding tax regime source for foreign investment. The aspects of business taxation both for taxes regulated in Romania and for other similar taxes in relation to other countries, are complex and multiple, and their understanding is essential in planning and conducting any business activities.
Duty is an indirect tax and is charged by a state for the goods produced in another state when they cross the state border in either direction, that is on the final entry in a State, or on the final exit of the territory of the producing state or the transit through the territory of a state.
Customs duties is based on the European Community customs legislation, which applies without modifications or adaptations throughout its customs territory. For the correct application of customs duties should consult EU regulations, but also the national ones as follows:
- EEC Regulation no. 2913/92 establishing the Community Customs Code;
- EEC Regulation no. 2454/93 laying down some provisions for implementing the Regulation EEC no. 2913/92 establishing the Community Customs Code and Regulation EEC no. 2658/1987 relative to the tariff and customs tariff;
- Law no. 86/2006 on the Customs Code of Romania;
- Government Decision 707/2006 approving the Regulation implementing the Customs Code of Romania.
Duty rates is mentioned in Community customs tariff approved by Annex I to Regulation EEC no. 2658/1987, the Annex modifying itself each year by a Regulation.
For the year 2013, the tariff is approved by EEC Regulation no. 927/2012.
In the process of clearance of goods is created the “customs duty” which is a person’s obligation to pay the amount of import duties – Customs duty on importation – or export duties – Customs duty on exportation – which applies to certain goods by the provisions in force of the Community.
Daily TARIC data transmission through the electronic network guarantees that the national administrations of the Member States have at any time accurate information, helping them perform the optimization of the automation of customs procedures.
TARIC does not contain information on the level of application of national tax obligations, such as:
- excise duty
National tax obligations (excise duty and VAT) is paid or guaranteed depending on customs procedure applied to the goods taxation and by the economic operator status:
1.Titular tax warehouse
Free circulation of goods with simultaneous placement in tax warehouse::
- Customs taxation is paid, and the excise duty and VAT are suspended until the release for consumption of goods;
- Authorization of fiscal production warehouse or storage;
- Holding the permits for registered sender;
2.Holder of customs warehousing
Placing of goods in customs warehouse:
- It guarantees the customs taxation and the excise duties, and VAT is exempt from the guarantee under provision of art. 144 paragraph 1) Tax Code.
- Holder of the customs warehouse authorization.
3.Holder of customs regime of temporary admission
placing goods under the temporary importation procedure with total or partial relief from import duties;
- Holding temporary admission papers;
4.Holder of active improvement procedure
placing goods under the active improvement customs procedure, with suspension of import duties;
-holding the authorization of active improvement