The link between the incurrence of customs debt and VAT - and the consequences and impact thereof

Abstract: The link between the incurrence of a customs debt and the incurrence of the Value Added Tax on importation, have a parallel nature, as they arise from the importation of goods into the territory of the Community. This link is a result of Article 71 (1) of the VAT Directive. This article authorises member states to link the chargeable event and the chargeability of VAT on importation of goods with those laid down for customs duties, under the customs legislations. This link can be seen obviously in the introduction of illegal, unlawful and stolen goods into the Community. Therefore, the incurrence/extinction of the customs debt will have an impact on the import VAT. The incurrence of the customs debt under the Articles 203 and 204 of the Community Customs Code, will be subject to changes under the Union Customs Code. This will have an impact on both the customs debt and the import VAT.