Can the export tax rebate agency be taken back at any time?
Mr. Zhang recently encountered a vexing problem: The export tax rebate agency he had cooperated with for many years suddenly demanded an increase in service fees, otherwise it would terminate the cooperation. What gave him an even bigger headache was that the other party was still holding the company's tax rebate materials for nearly half a year. "Is this scenario familiar to you? Today, let's talk about a key issue that most enterprises overlook - how to legally recall the export tax rebate agency rights.
In export trade, the tax rebate agency is like the "financial steward" of an enterprise, but long - term dependence may bring three major risks:
- The service fees increase year by year, eroding the profit margin
- The key materials are controlled by the agency, posing information security risks
- The process is not transparent, which may affect the tax rebate timeliness
Ms. Li's case is very typical: Due to the operational errors of the agency, the 2 - million - yuan tax rebate of her clothing factory was delayed in arrival, almost triggering a capital chain break.
According to the Foreign Trade Law and relevant regulations of the State Taxation Administration, enterprises always enjoy:
- The right to independently choose agency services
- The right to terminate the agency agreement at any time (subject to the contract agreement)
- The right to request the return of all enterprise materials
Special attention: Even if a long - term exclusive agreement is signed, as long as there is no clear liquidated damages clause in the contract, the enterprise can still terminate the cooperation without liability.
The Zhongshitong foreign - related legal team recommends the following process:
- Step 1: Review the existing contract - Focus on checking the termination clause and the agreement on data transfer
- Step 2: Send a lawyer's letter - Formally propose to terminate the cooperation and request a list of materials
- Step 3: Simultaneously report to the tax authorities - Change the agency filing information with the competent tax authorities
- Step 4: Conduct on - site data handover - It is recommended to record the whole process and take an inventory of customs declarations, VAT invoices, etc.
- Step 5: Start a new agency cooperation - It is recommended to choose an institution with a central bank payment license
After successfully recalling the agency rights, the enterprise will obtain:
- Save 15% - 30% of service costs annually
- The tax rebate cycle is shortened by an average of 5 - 8 working days
- Realize independent control of financial data
The practice of a cross - border e - commerce platform shows that the arrival speed of tax rebates in the third quarter increased by 40% after self - management.
When the following signals appear, it's time to consider changing the agency:
- Request for re - submission of the same batch of materials repeatedly
- The quarterly service fee exceeds 3% of the tax rebate amount
- The agency frequently changes the contact person
Now, use your mobile phone to check the tax rebate records of the past six months. If you find a delay in arrival or an abnormal amount, you may share your experience in the comment area. In the next issue, we will explain in detail how to choose a reliable new agency. Follow the official account to get update reminders.
- Further Reading
- Is the money from export tax rebates free for the taking?
- Is Export Tax Rebate an Invisible Cash Machine for Enterprises?
- Shocking! There are so many tricks hidden in the export tax rebate fees of trading companies
- Is there really such a shortcut for Hubei enterprises' export tax rebates?
- Export Tax Rebate Thunderstorm! 90% of Enterprises Have Fallen into These Traps
- The export tax rebate is a complex field! These 5 pitfalls are eroding your profits
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