Can I Apply for Tax Refund Normally When Entrusting an Import and Export Company to Act as Export Agent?

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I am the owner of a small clothing export enterprise. I just received an order bound for Europe. Since we don’t have self-operated import and export rights, I want to find an agency company to handle the export.

I’ve heard that some agents have slow tax refund processes or complicated procedures, and even some friends’ companies had their tax refunds rejected due to problems with their agents. I’m really worried right now. I want to ask: can we get tax refunds when using an import and export company as an export agent?

What documents do we need to prepare? Will the agent withhold my tax refund funds? Also, if the agent company has problems, such as tax violations, will it affect our own tax refund qualification? I hope to get a detailed answer to put my mind at ease.

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Expert Q&A

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

Cross-border Compliance SupervisorStart a Chat

Entrusting an import and export company as an export agent allows you to apply for tax refunds normally,but you need to meet several core conditions to complete the process smoothly. First,the agent company must have legal import and export operation rights and tax refund qualifications,and both parties must sign a formal agency export agreement to clarify the rights and responsibilities related to tax refunds.

Secondly,you must ensure four flows consistency: that is,contract flow (the content of the agency agreement matches the export sales contract),goods flow (complete actual export documents for goods such as bills of lading and packing lists),capital flow (the agent timely transfers the foreign exchange to the entrusting party after receiving the payment),and invoice flow (the information on the special VAT invoice issued by the entrusting party fully matches the customs declaration form). This is the key basis for tax authorities to review tax refunds. Any missing or inconsistent link may lead to delayed tax refunds or rejection.

In terms of procedures,after the agent handles the export,the agent company must provide core documents such as the export customs declaration form and bill of lading within 3 working days. The entrusting party must issue the special VAT invoice within 90 days from the date of export,and cooperate with the agent company to submit the tax refund application to the tax authorities. If there is an error in the document information,it must be supplemented and corrected within the time limit,failure to do so beyond the specified period may make it impossible to modify.

To avoid risks,it is recommended to verify the qualification certificates of the agent company (such as import and export right certificate,tax refund registration form) in advance,and clarify the arrival time of tax refund funds and liability for breach of contract in the agreement. At the same time,regularly follow up the tax refund progress,keep all relevant documents,and ensure that every operation complies with tax regulations.

Reference: 6 Counterintuitive Features: The Core Reasons Why 90% of Enterprises Choose the Wrong Import and Export Agents (with a Verification Checklist Included)
Victor Sun
Victor SunYears of service:5Customer Rating:5.0

Trade Risk Control ManagerStart a Chat

From the perspective of customs declaration, the core of agent export tax refund lies in the correct filling of the customs declaration form. First, the "operating unit" on the customs declaration form must be filled with the agent company's name, and the "consigning unit" must be filled with the entrusting party's name, and both must be filed consistently in the customs system. Second, the selection of commodity codes (HS codes) must be accurate; incorrect codes may lead to mismatched tax refund rates or being listed as abnormal.

In addition, the transaction method, freight, insurance premium and other information on the customs declaration form must be consistent with the export sales contract to avoid customs valuation disputes caused by data conflicts, which will affect the tax refund process. If there is an error in the customs declaration form information, you must apply for deletion and re-declaration within 30 days after export; exceeding the time limit may make it impossible to modify, leading to failed tax refunds.

Jason Wu
Jason WuYears of service:10Customer Rating:5.0

International Logistics & Supply Chain ManagerStart a Chat

Tax planning under the agent export mode needs to focus on the integrity of the VAT chain. The entrusting party must issue a special VAT invoice to the agent company, and the commodity name, quantity and amount on the invoice must fully match the customs declaration form.

At the same time, if the agent company adopts a "buy-out" agency (that is, the agent purchases the goods and then exports them), the tax refund subject is the agent company; if it is a "non-buy-out" agency (that is, the entrusting party collects the payment by itself), the tax refund subject is the entrusting party, but the agent company must issue a Certificate of Exported Goods by Agent. It should be noted that under the buy-out agency, the entrusting party must confirm whether the agent company's pricing is reasonable, so as to avoid anti-tax avoidance investigations by tax authorities caused by related party transaction pricing issues.

Andy Guo
Andy GuoYears of service:3Customer Rating:5.0

Supply Chain Management ExpertStart a Chat

Compliance of foreign exchange receipt and payment for agent export is a prerequisite for tax refunds. Foreign exchange must be received through the agent company's account, and the received amount must be consistent with the amount on the customs declaration form (a ±5% error is allowed). The agent company must settle the foreign exchange or transfer it to the entrusting party within 3 working days after receiving the payment, and issue the corresponding foreign exchange receipt voucher.

If using RMB cross-border payment (CIPS), ensure that the transaction background description in the payment instruction is consistent with the export contract. In addition, the entrusting party must keep all foreign exchange receipt and payment vouchers as supporting materials for tax refund review, to avoid tax refund rejection due to unclear capital flow.

Kevin Lin
Kevin LinYears of service:4Customer Rating:5.0

Trade Solutions ManagerStart a Chat

From the perspective of tax refund audit, four flows consistency is the core review standard. Auditors will check whether the contract flow (agency agreement, export sales contract), goods flow (bill of lading, packing list), capital flow (foreign exchange receipt slip, transfer record) and invoice flow (VAT invoice) are fully corresponding. Any inconsistency, such as the invoice amount not matching the customs declaration form, abnormal capital return path, etc., may trigger tax verification letters.

During the verification letter process, the tax authorities will verify the authenticity of the invoice with the tax authorities at the location of the supplier. If the supplier cannot provide valid proof, the tax refund application will be suspended. Therefore, the entrusting party must confirm the four flows consistency with the agent company in advance to avoid failure of the verification letter due to detailed issues.

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

Key Account ManagerStart a Chat

The legal clauses in the agent export agreement must clarify the rights and responsibilities related to tax refunds. The agreement should stipulate that the agent company must transfer the tax refund funds to the entrusting party within 10 working days after receiving them, and the liability for breach of contract for late payment (such as paying a penalty of 0.05% per day). At the same time, it should be clarified that the agent company is responsible for the authenticity and completeness of the tax refund documents.

If the tax refund fails due to the agent company's negligence, the agent shall bear the compensation liability (including the tax refund amount and corresponding interest). In addition, a confidentiality clause should be added to the agreement to prevent the agent company from disclosing the entrusting party's business information. If the agent company has tax violations, the entrusting party should include a disclaimer clause in the agreement to avoid being implicated due to the agent's problems.

Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

The impact of the logistics link on agent export tax refund is mainly reflected in the control of goods rights and the completeness of documents. The entrusting party must ensure that the goods are actually exported, and the consignor information on the bill of lading is consistent with the customs declaration form.

If sea transportation is used, the bill of lading must be endorsed and transferred by the agent company to the entrusting party or directly sent to the foreign customer, but a copy of the bill of lading must be retained as a tax refund voucher. In addition, note that the payment voucher for logistics fees must be consistent with the freight information on the customs declaration form.

If using a third-party logistics provider, provide the logistics contract and invoice. If the goods are delayed in shipping or the port is changed during transportation, notify the agent company in time to update the customs declaration information to avoid delayed tax refunds due to logistics abnormalities.

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