Who Usually Bears Export Agency Fees and What Are the General Default Rules in the Industry?

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I am a small exporter of mechanical and electrical products based in Shanghai. I just signed an export order with FOB Shanghai terms with a German buyer last week, and appointed Zhongshen as my export agent.

I was completely confused after receiving your agency fee list the other day — I always thought all expenses in export links under FOB terms are borne by the foreign buyer, but the agency service fee and document review fee on the list are charged to me. I am very anxious now, worried that I am ripped off due to lack of experience, and also worried that this expense will squeeze my already meager profit.

Besides, I want to know whether the responsible party can be changed through negotiation with the foreign buyer? Will the responsible party of agency fee change if I take orders under CIF terms in the future? Moreover, who will bear the extra agency-related expenses caused by special situations such as customs inspection during export?

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Expert Q&A

Eric Zhou
Eric ZhouYears of service:6Customer Rating:5.0

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

First of all,we need to correct a common industry misunderstanding: FOB trade term only stipulates that the buyer bears risks and expenses after the goods pass the ship's rail. Export agency service fee and document review fee belong to the category of entrusted agency service,which are not "export link expenses" covered by FOB terms. This is a common pitfall for many small and medium-sized export enterprises. If you mistakenly shift such expenses to the foreign buyer,it may trigger business disputes,even lead to delayed payment from the buyer and affect future cooperation.

From the perspective of cost-benefit hedging,the responsible party of agency fee is not fixed: under the traditional mode,it is defaulted to be borne by the domestic manufacturer that entrusts export,but can be adjusted through negotiation on trade terms. If you want to transfer the fee to the foreign buyer,you must clearly stipulate it in the main contract or supplementary agreement,it must be confirmed in writing to avoid disputes caused by oral promises.

There are differences in the responsible party under different trade terms: under FOB terms,the agency fee is usually borne by the domestic manufacturer,under CIF terms,if the quotation already includes the cost of agency service,it can be transferred to the foreign buyer,but it must be clearly split when quoting. For the extra agency service fee caused by customs inspection,it shall be agreed in the agency contract in advance: if the inspection is caused by the manufacturer's document problems,the manufacturer bears the fee,if it is caused by the agent's operation error,the agent bears the fee.

In addition,you can optimize costs through the VAT Deferral Policy: eligible export enterprises can apply for VAT deferral to defer the payment of value-added tax that is originally due,indirectly reduce the cost of capital occupation,and hedge the profit compression caused by agency fees. The access threshold of this policy is that the enterprise has a complete export document chain and compliant foreign exchange collection records. After implementation,it is expected to reduce capital cost pressure by about 10%.

Reference: Industrial Equipment Import: Navigate Challenges
Linda Gao
Linda GaoYears of service:7Customer Rating:5.0

Documentation SupervisorStart a Chat

From the perspective of customs declaration, the responsible party of customs declaration service fee in export agency fees needs to match the trade terms: under FOB terms, customs declaration is within the obligation scope of the exporter, so the customs declaration service fee is usually borne by the domestic entrusting party; if the foreign buyer requests to bear it, "customs fee is borne by overseas buyer" shall be clearly marked in the remark column of the customs declaration, and the corresponding confirmation letter of expense bearing issued by the foreign buyer shall be provided, so as to avoid the customs including this fee in the dutiable value of export goods during customs valuation, resulting in the enterprise paying more tariff. In addition, the document amendment fee and deletion & re-declaration fee caused by the agent's declaration error shall be clearly stipulated in the agency contract to be borne by the agent, so as to avoid subsequent disputes.

Victor Sun
Victor SunYears of service:5Customer Rating:5.0

Trade Risk Control ManagerStart a Chat

From the perspective of international logistics link, the responsible party of the part of export agency fee involving logistics connection (such as space booking agency service fee, bill of lading issuance fee) shall be determined according to trade terms: under FOB terms, space booking is the responsibility of the buyer, but if the domestic export agent is entrusted to assist in booking, the relevant service fee is usually borne by the domestic entrusting party; under CIF terms, space booking is the responsibility of the seller, and the agency service fee can be included in the logistics cost and transferred to the buyer. For extra agency service fee caused by special situations such as container rolling or port change, if it is caused by the logistics service provider, the agent will coordinate with the logistics provider to bear the fee; if it is caused by the entrusting party's document delay, the entrusting party shall bear the fee.

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

Trade Solutions ManagerStart a Chat

From the perspective of cross-border taxation, the responsible party of export agency fee will affect the enterprise's tax planning: if it is borne by the domestic entrusting party, this fee can be deducted as selling expense before corporate income tax, reducing the corporate income tax burden; if it is borne by the foreign buyer, this fee needs to be included in the FOB price of export goods, and attention shall be paid to exclude this fee when declaring export tax rebate, so as to avoid failing the tax rebate audit due to overstated declaration price. In addition, if the enterprise applies for VAT deferral, the VAT part of the agency fee can be deferred along with the VAT deferral policy, further reducing capital pressure.

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

International Logistics & Supply Chain ManagerStart a Chat

From the perspective of cross-border foreign exchange payment and collection compliance, the responsible party of export agency fee must be consistent with the foreign exchange payment and collection path: if it is borne by the foreign buyer, it shall be clearly marked as "export agency service fee" in the balance of payments declaration, and the corresponding service contract and expense confirmation letter shall be provided to avoid being judged as abnormal foreign exchange collection by the bank; if it is borne by the domestic entrusting party, it shall be paid to the agent through a domestic RMB account to ensure the consistency of capital flow, contract flow and invoice flow. In addition, if CIPS RMB cross-border payment is adopted, attention shall be paid to the arrival time limit of the fee payment to avoid agency service stagnation caused by delay.

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

Cross-border Compliance SupervisorStart a Chat

From the perspective of international trade law, the responsible party of export agency fee shall be based on the written contract: no matter what trade terms are adopted, both parties can negotiate to change the responsible party, but a supplementary agreement shall be signed to clearly stipulate the specific composition of the fee, payment time, breach of contract liability and other clauses.

If there is no clear agreement, according to relevant laws and regulations, the fee of agency service shall be borne by the entrusting party; if additional agency service cost is caused by the foreign buyer, the entrusting party has the right to recover from the foreign buyer, but needs to provide relevant expense vouchers and causal relationship proof. In addition, attention shall be paid to avoid vague clauses in the agency contract to ensure clear definition of responsibilities.

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

Key Account ManagerStart a Chat

From the perspective of export tax rebate compliance, the responsible party of export agency fee will affect the filing of tax rebate documents: if it is borne by the domestic entrusting party, the agency fee invoice and agency contract shall be included in the filing scope of tax rebate documents to ensure the consistency of four flows (contract flow, capital flow, invoice flow, goods flow); if it is borne by the foreign buyer, the confirmation letter of expense bearing issued by the foreign buyer and foreign exchange collection voucher shall be included in the filing, so as to avoid tax rebate delay due to the inability to provide valid documents during tax correspondence investigation. In addition, if the agency fee is included in the quotation of export goods, the agency fee and goods payment shall be accurately split when declaring tax rebate, so as to avoid failing the tax rebate audit due to wrong declaration data.

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

Director of Import & Export OperationsStart a Chat

From the perspective of supply chain planning, the responsible party of export agency fee shall be included in the enterprise's full-link cost calculation: when formulating trade term strategy, the responsible party of agency fee shall be taken as an important consideration.

For example, when adopting CIF terms, the agency fee can be included in the logistics cost and transferred to the buyer to reduce the direct cost of the enterprise; when adopting FOB terms, agency fee discount can be obtained through bulk agency and long-term cooperation agreement to reduce unit cost. In addition, for special scenarios such as cross-border e-commerce B2B export, the overall cost can be reduced by integrating agency service and logistics service and adopting a package price to optimize the cost structure of the supply chain.

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