Customs duties are taxes within the meaning of the German Fiscal Code (Abgabenordnung). Unpaid customs can therefore constitute tax evasion. Germany is generally seen as the world export champion. However, to export goods “made in Germany” it is often necessary to import raw materials and semi-finished products. In doing so, a variety of customs formalities must be observed. I can help you set up your procedures in a legally compliant manner. Furthermore, my customs team is happy to answer all your questions regarding customs duties.
Outsourcing of customs clearance to freight forwarders – ask me for advice!
Companies happily outsource to freight forwarders that take care of customs clearance as part of the delivery process. Yet, many companies are unaware of the fact that the freight forwarder itself acts only as the company’s representative and, as a rule, does not assume any responsibility as regards the accuracy of the customs declaration. Any information provided by the companies is merely copied into the customs declaration. The person responsible in the company will have to bear the legal consequences of any errors committed in this area. In such a case, a criminal tax attorney is the right professional to turn to.
Customs clearance in companies – I knows the best strategies!
In the course of external audits, customs authorities can reveal errors in the way goods are cleared from customs. Typical issues that a criminal tax attorney is familiar with include the incorrect calculation of customs value and import VAT, violations against preferential tariffs, and anti-dumping duties. In the process, an auditor will always enquire whether the irregularities that have been revealed were committed as a result of a deliberate and culpable act. A criminal tax attorney will deal with these issues from a variety of angles: This includes not only payment of any duties owed, but also the assessment of any criminal law aspects and the drafting of a suitable defense strategy for the client.
I’d be happy to advise you on corporate voluntary disclosures
The filing of a voluntary disclosures by a company is a sensitive topic and is a procedure that should be guided by an experienced criminal tax attorney. By doing so, I will advise you on whether to file an amended tax return to correct errors, or whether to submit a voluntary disclosure to obtain immunity from prosecution. I advise industrial corporations as well as medium-sized enterprises on filing amended returns in a way that is legally-compliant. To do so, I draw upon a team of customs professionals consisting of former customs officers and tax advisors.
Customs controls at the airport
A criminal tax attorney can furthermore be of help even if no goods have been imported.
Due to the tightening of anti-terrorism laws, airports are checking whether travelers are carrying cash on an increasingly-frequent basis. Many travelers are unaware of the fact that if you carry 10,000 euros or more in your luggage, you must declare it to customs upon entering or leaving the EU. Failure to comply with this obligation to notify is punishable by heavy fines, with customs usually retaining 25% of the cash carried as a fine. In these cases, a criminal tax attorney can ensure that the fines are reduced due to the factual circumstances or economic situation of those concerned.
I am the criminal tax attorney you need if you have been suspected of customs evasion or customs offenses. Do you have an urgent matter requiring immediate advice? I offer a 30-minute free phone consultation, in which you can outline your situation. You can rest assured that this conversation will be kept confidential.
This post is also available in: German
Attorney-at-Law, Specialized Tax Attorney
Specialized in Customs, Tax and Foreign Trade and Payment Law
I’d be delighted to advise you!
+49-69 509 82 – 0 (receptionist)
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