Customs Duties in Venezuela Explained
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ScribdTranslationsBOLIVARIAN REPUBLIC OF VENEZUELA
MINISTRY OF PEOPLE'S POWER FOR EDUCATION
Bicentennial University of Aragua
FACULTY OF ADMINISTRATIVE AND SOCIAL SCIENCES
SCHOOL OF PUBLIC ACCOUNTING
PERIOD 2021-2
PRACTICAL CASE.
Teacher: Nombre:
Miracles Ovalles. Haddad Georgett
Customs V. 27,687,729
Section 1
JULY, 2021.
CUSTOMS DUTIES.
Customs valuation is one of the most important customs procedures.
important. In the context of international trade, the definition of this
the concept refers to the value established in customs in relation to
imported goods. The customs value is one of the most aspects.
important, as it is the value attributed to imports and exports of
goods and services, from which the corresponding debt will be determined
customs duty, which must be satisfied by the importer or exporter.
In this regard, Rivas (2000) states that customs duties are the
monetary benefits required by the State, due to the execution of
customs operations and for the provision of public services inherent to the
customs activity." (p.86)
In Venezuela, the tax administration that corresponds to implement
the customs tax regulations is the Integrated National Service of
Customs and Tax Administration Seniat, which is done through the
modules of Sidunea World using taxpayers mandatorily in a
customs agent.
The legal regulations governing the matter are presented below.
determination of taxes in the proposed case:
Customs Tariff: tax rate to which they are subject
import goods, referred to in the customs tariff
Ad valorem
Customs service fee: Service Fee
Customs (TSA) and Seniat Service Rate (TSS).
Value Added Tax.
APPLICABLE LEGAL REGULATIONS.
Customs Tariff Decree No. 2,647 dated December 30, 2016,
published in G.O. of the Bolivarian Republic of Venezuela No. 6,281
Extraordinary dated December 30, 2016.
ORGANIC CUSTOMS LAW (2020).
Article 40. For the purposes of determining the legal regulation
Applicable, all goods intended for a customs regime must be subject to
a customs declaration for the regime in question through the system
automated customs. The declaration must be made by the person who certifies the
legal status of consignee, exporter, or sender.
The declarant will be considered for the purposes of customs legislation as
owner of the goods and shall be subject to the obligations and rights that are
generated with respect to the respective customs regime.
Customs declarations will have the following modalities:
advance declaration of information for imports and declaration
definitive customs regime or single customs declaration.
Article 41. Importers are obligated to present before the
Customs Administration the Advance Declaration of Information for entry
of goods to the country. This declaration must be submitted by the declarant by
intermediary of your customs agent, and through the Customs System
Automated, in the following terms:
1. For goods arriving in the national customs territory under the
air or ground transport means, the advance declaration must
to present oneself no more than fifteen (15) calendar days in advance
and no less than one (1) calendar day upon arrival of the same.
2. For the goods that arrive in the national customs territory under the
marine transport, the advance declaration must
present themselves no more than fifteen (15) calendar days in advance
and not less than two (2) calendar days upon their arrival.
Article 43. The submission of the Advance Information Declaration,
does not exempt from the fulfillment of the transmission of the Single Customs Declaration
once the merchandise arrives, in accordance with the provisions of this Decree with Rank,
Value and Force of Law. Nevertheless, the Chief of Customs Administration may
dictate the rules where the use of advance declaration is established
information as a prior declaration for importation and pre-allowed
settlement of the taxes that would be incurred, with the aim of applying a
early dispatch guaranteeing the pre-settlement.
Article 66. The payment of import taxes, fees for
determination of the applicable regime and other customs duties or others whose
determination and enforceability correspond to the Customs Administration, must be
made before or at the time of the customs declaration registration.
The Customs Administration may establish that for all or some
Customs set other times for the payment of import duties.
rate for determining the applicable regime and other customs duties.
The payment of the taxes and other rights incurred on the occasion of the
The introduction of goods will be carried out by the taxpayer at an office.
recipient of national funds, on the same date that is registered the
corresponding customs declaration. The default interest is
They will be determined in accordance with the provisions of the Organic Tax Code.
REGULATION OF ORGANIC CUSTOMS LAW (1991).
Artículo 29. - Los usuarios de los almacenes, patios y demás dependencias
assigned to customs, for the permanence or deposit of goods
in those places, they will pay a monthly ad-valorem fee for the concept of
storage that will be applied as follows:
a) Since the expiration of the legal deadline for the submission of the manifest
import up to said presentation: two percent (2%) for the first
five (5) days; ten percent (10%) up to forty-five (45) days,
for the entire storage period; and twenty percent (20%) for the entire
storage lapse, after forty-five (45) days;
b) From the expiration of the seven (7) business days, counting from the date
in which the consignee received the settlement form of charges from
importation, up to the moment of withdrawal of the goods: two percent
(2%) for the first five (5) days; ten percent (10%) until the
forty-five (45) days, for the entire storage period; and twenty
percent (20%), for the entire storage period, upon expiration of the
forty-five (45) days;
c) From the expiration of six (6) business days, counted from the date on
that the consignee receives authorization to deposit or bind the
amount of the corresponding encumbrances, up to the moment of withdrawal of
the goods: two percent (2%) for the first five (5) days; ten for
one hundred (10%) up to forty-five (45) days, for the entire duration of
storage; and twenty percent (20%) for the entire duration of
storage, after forty-five (45) days expired
Article 30. - The goods deposited in specially equipped places
for freezing or refrigeration, with the exception of those for export,
they will cause twenty percent (20%) from the expiration of the periods
provided for in the previous article.
Article 31. - The calculation of the storage fee shall be made in all cases.
foreseen in this Regulation, based on the normal value of the goods
of customs.
Article 36. - The customs service fee will be incurred and will be enforceable.
when the corresponding documentation for the introduction or extraction of
the goods must be registered by the respective customs office. This
the tax will be collected in the same manner and opportunity as the taxes
corresponding.
Article 39. - The calculation of the customs service fee will be set for the
imports on the normal value of goods in customs
Value Added Tax Law (2020).
Article 3. The following constitute taxable events for the purposes of this Law,
activities, legal transactions or operations: 2. definite importation
of movable property...
Calculation of customs duties or rights:
1) Calculate the declared value, it will be our taxable base:
2) Calculate ad-valorem taxes (import taxes)
3) Calculate Customs Service Rate (0.5% TSA and 0.5% TSS)
4) Calculate the VAT
5) Calculate total taxes to be paid
Calculation date: 06-18-2020
References
Customs Tariff Decree No. 2,647 dated December 30, 2016,
published in G.O. of the Bolivarian Republic of Venezuela N° 6.281
Extraordinary dated December 30, 2016
Organic Customs Law (2020). Decree No. 1416 Reform Customs Law
G.O. 6.155 Extraordinary of 19-11-2014.
Port Authority Rates Law (2014) Decree 1,397 Partial Reform Law
of Port Fees.
Regulations of the Organic Customs Law (1991). Official Gazette No. 4,273 of the 20
de mayo de 1991