Skip to main content

Introduction to Cross-border Trade Valuation

Valuation is one of the key components of import-export activities. The word ‘Valuation’ is exclusively defined in the Customs Act, of 1962. According to the act, valuation means the transaction value of the imported goods and exported goods; the price actually paid or payable for the goods when sold for export to India for delivery at the time and place for importation. In terms of export, this can be exported from India for delivery at the time and place of exportation. To define the valuation at arm’s length basis, the buyer and the seller are not related and the price is the sole consideration for the sale subject to such other conditions. If we jot down the term ‘Valuation’, then it can be any amount paid or payable for costs and services, including commissions and brokerage, engineering and design work, royalties and license fees, costs of transportation to the place of importation or exportation, insurance, loading-unloading, and handling charges, etc. The Basic Customs Duty (BCD), an inseparable part of global trade is derived from the valuation itself. A percentage charged on transaction value on an ad-valorem basis leads us to the BCD of any imported goods. This BCD is paid by the importer at the time of clearance of goods for home consumption or for further exportation.

Like I said before valuation is an inseparable part of imported goods and exported goods, this is explained broadly in the following acts and rules:

Customs Act, 1962

Customs Tariff Act, 1975 (No. 51 of 1975)

Customs Valuation (Determination of Value of Exported Goods) Rules, 2007

Customs Valuation (Determination of Value of Imported Goods) Rules, 2007

I will try to boil down the valuation concept in my upcoming articles. We shall also see why valuation is important as per these acts and rules.

I hope this concise article will add value to your knowledge. In my next column, we shall dig down a bit into valuation terminology. Until then goodbye.

If you have any suggestions, advice, or if you wish to refer to any other cross-border trade-related topic, you can always reach out to me here.

Thank you!

Comments

Popular posts from this blog

Practical issues in RoDTEP Scheme

I hope, by now, everybody is aware of what is the RoDTEP Scheme. Assuming that let me highlight some practical questions regarding this scheme. On 28th October 2020 under the chair of Mr. G. K. Pillai, the RoDTEP Committee was formed. The main objective of this committee is to determine the ceiling rates of items covered under the scheme. However, the data of chapter 86, 88, and 89 are still pending from the industry's side. It is predicted that the Remission of Duties and Taxes on Exported Products briefly known as the RoDTEP Scheme is likely to be launched under the new Foreign Trade Policy. The scheme seeks to refund currently un-refunded duties/taxes/levies at the local, state, and central level have borne on the exported products. In view of the above, I have jotted down some key questions which need to be answered, 1.  How to segregate the VAT and Excise Duty leviable on petrol & diesel on export and domestic selling products? 2.  How to segregate the electricity dut...

Drafting Transfer Pricing Legislation: Taxes Covered

Depending on the design of a country’s tax system, application of the arm’s-length principle may be relevant in determining the taxable objects for one or more direct taxes (income tax, corporate tax, profits tax, etc.). Generally, most countries’ transfer pricing legislation has broad application across direct taxes. One notable exception being Ireland, where the transfer pricing legislation introduced in 2010 applies only to certain classes of income for direct tax purposes.  Countries with other specific types of direct taxes governing specific sectors or transactions types (such as a mining income tax) may need to consider application of transfer pricing legislation to them. Typically, this would be achieved through separate provisions being inserted in the relevant taxing acts. However, where a consolidated tax code has been adopted, a single set of legislation may be possible. Transfer pricing provisions may also be necessary for other types of taxes such as a resources royal...