The Supreme Court of the Russian Federation declared illegal the increase in the customs value of cars
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- The Supreme Court of the Russian Federation declared illegal the increase in the customs value of cars
The Supreme Court of the Russian Federation has declared unlawful a sharp increase in the customs value of a car purchased by a Russian woman abroad when customs considered the price of the car to be undervalued. This was reported by the press service of the Russian Armed Forces on November 13.
A Russian woman has signed an agency agreement for the purchase of a used car in South Korea worth $ 57.8 thousand (4.7 million rubles at the exchange rate at the time of publication of the note). The amount of the import duty amounted to 2.6 million rubles. Vladivostok customs considered the price to be undervalued, since a similar car was sold almost three times more expensive on a foreign auction site, and ordered to pay an additional 2.8 million rubles in duties.
The buyer of the car challenged this decision, citing the unreliability of the information on the website used by customs officers. Her claim was satisfied by the court of first instance, but the appellate and cassation instances sided with the customs authority.
The Supreme Court of the Russian Federation, having considered the case, clarified that buyers do not carry out business activities and are limited in the ability to submit commercial documents, which is why there is a separate consolidation of the rules for determining the value of goods imported for personal use. Therefore, if the declarant disagrees with the declarant's information, the burden of proving the circumstances is placed on the customs officers. As a result, the Supreme Court of the Russian Federation upheld the decision of the court of first instance, recognizing the unlawful increase in the customs value of a car purchased by a citizen for personal use.
Earlier, on November 10, it was reported that in October of this year, Vladivostok Customs set a new record for registration of vehicles for personal use. In the middle of autumn, customs officers issued 38.5 thousand vehicles. The increase was 24.3% compared to September of this year, and 31.9% compared to October of last year.
On November 6, it became known that 59.9 thousand used cars were imported to Russia in October. This is a record figure for the entire history of import monitoring, that is, for the last at least 25 years.
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