Chinese Customs to Impose Late Fees for Failure to Declare Dutiable Royalties

Chinese Customs will impose late tax payment charges for failure to declare dutiable royalties on Customs forms as part of broader customs changes taking effect May 1, according to a report from PricewaterhouseCoopers. The broader changes, announced by China’s General Administration of Customs on March 27, relate to requirements for filers to notify Customs if a buyer is paying dutiable royalties on the imported goods, includng payments after importation (see 1904100029).

If a taxpayer fails to “complete the ‘royalty confirmation’ box in the declaration,” the report said, Chinese Customs may impose a 0.05% charge per day “on the amount of taxes [underpaid] or evaded.” It will determine the number of days by “counting from the date of the initial import tax payment for the related goods or the date Customs released the goods to the date the violation is identified by Customs.”

In addition, if the taxpayer completes the royalty confirmation box but does not complete the “supplemental royalty declaration within the time limit,” Customs may also impose another 0.05% charge per day, according to the report. Chinese Customs will determine the number of days by “counting from the due date to the date when the taxpayer submitted the royalty declaration formalities or the date Customs identifies the violation.”