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Who should pay the tariffs for agency imports?

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Our company plans to find an agent to import a batch of goods, but we are not quite clear about the tariff payment. We would like to ask, in the case of agency imports, should the tariffs be paid by the consignor or the agent? Are there any relevant regulations or special circumstances in between? We hope to get a detailed explanation so that we can have a clear idea when negotiating cooperation with the agent.

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Professional consultant answers

James Liu
James LiuYears of service:10Customer Rating:5.0

Foreign trade tax refund consultantConsult

In the agency import business, generally speaking, the taxpayer of tariffs is the consignee of the imported goods, that is, the consignor. According to the provisions of the Customs Law of the People's Republic of China, the consignee of imported goods and the consignor of exported goods are the taxpayers of tariffs. The agent is only entrusted to handle the relevant matters of imports and is not the taxpayer of tariffs itself.

However, in actual business, the consignor and the agent can stipulate through the contract who will specifically undertake the operation and cost of paying tariffs. If the contract stipulates that the agent is responsible for paying tariffs, the agent is actually fulfilling the tax payment obligation on behalf of the consignor, and the final tariff cost will still be reflected in the expenses settled with the consignor.

In short, from the legal definition, the consignor is the taxpayer of tariffs, but both parties can stipulate the payment operation and cost bearing through the contract.

Amanda Yang
Amanda YangYears of service:3Customer Rating:5.0

Cost control consultantConsult

Usually, according to the regulations, the consignor is the main body of tariff payment. But if the agency contract clearly states that the agent is responsible for payment, then the agent will act according to the contract, though the final expense is still paid by the consignor.

Michelle Chen
Michelle ChenYears of service:3Customer Rating:5.0

Business coordination consultantConsult

If there is no special stipulation, then the tariffs will be paid by the consignor. If both parties clearly write in the contract that the agent will pay, then the agent will pay, but essentially the money is still paid by the consignor.

Joseph Zhou
Joseph ZhouYears of service:10Customer Rating:5.0

Senior foreign trade managerConsult

Legally, the consignor is the obligor of tariff payment. But if there are special stipulations between the agent and the consignor, then it will be done according to the stipulations, but it must be clearly reflected in the contract.

William Yang
William YangYears of service:5Customer Rating:5.0

International logistics consultantConsult

Generally, the consignor is defaulted to pay the tariffs. If there are other arrangements in the agency contract, then it will be executed according to the contract. The key is that the contract terms should be clear.

Sarah Zhang
Sarah ZhangYears of service:8Customer Rating:5.0

Document expertConsult

Normally, the consignor pays the tariffs. But if the agency agreement states that the agent is responsible, then the agent will handle the payment, but the source of the expense is generally still the consignor.

Elizabeth Li
Elizabeth LiYears of service:3Customer Rating:5.0

Compliance and risk managerConsult

From the perspective of regulations, the consignor is the obligor of tariff payment. However, in actual operation, both parties can negotiate and it is also possible to clearly stipulate in the contract that the agent will pay.

Robert Chen
Robert ChenYears of service:6Customer Rating:5.0

Customer service consultantConsult

The consignor is defaulted to pay the tariffs. If both parties sign a contract stipulating that the agent will pay, then the agent will be responsible. Note that the contract should be rigorous.

Andrew Huang
Andrew HuangYears of service:7Customer Rating:5.0

Supply chain optimization expertConsult

According to the regulations, the consignor pays the tariffs. If it is said in the agency cooperation that the agent will pay, then the agent will go to pay, and the final money may still be paid by the consignor.

Jennifer Wang
Jennifer WangYears of service:4Customer Rating:5.0

Market development consultantConsult

Usually, the consignor is the payer of tariffs. If the contract specifically stipulates that the agent will pay, then it will be done according to the contract. So the contract stipulation is very important.

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