What types of taxes and fees are involved in the entire process of transit trade, and which party is the paying entity respectively?

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I am the head of a foreign trade enterprise focusing on electronic components in Shanghai. Last week, we just sent a batch of power chips purchased from Southeast Asia to a transit warehouse in Hong Kong, preparing to transship them to our customers in Germany.

This is our first time engaging in transit trade, and we have only dealt with general trade before. Yesterday, the freight forwarder suddenly mentioned the tax issues that may be involved in transit trade, and I panicked immediately, so anxious that I didn't sleep well last night -- I have no idea what taxes need to be paid for transit trade, who bears the taxes and fees in different links, and whether there are policies available for reduction and exemption.

I am even more afraid of being fined for underpaying taxes due to improper operation, or overpaying unnecessary costs to increase our expenditure. I hope you can give me a detailed answer.

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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

Many enterprises conducting transit trade for the first time mistakenly equate it with general trade,assuming that they need to pay import customs duty,value-added tax and other taxes. This misunderstanding may cause enterprises to bear tens of thousands of yuan of unnecessary costs. In fact,since the goods in transit trade do not actually enter the Chinese customs territory,no import customs duty,value-added tax or consumption tax is required to be paid in domestic links,and only relevant taxes and fees at the transit location need to be borne.

Optimization Path: Priority can be given to transit ports with preferential transit tax policies such as Hong Kong and Singapore. These regions usually reduce or exempt storage tax and transit service fees for transit goods,which can reduce the transit cost by about 15%-20%. If the annual transit trade volume of an enterprise exceeds 5 million US dollars,it can also apply for tax reduction and exemption in the cross-border comprehensive pilot zone. The access requirements are providing a full set of transit documents (bill of lading,transit contract,storage certificate) and having no tax-related violation records for 12 consecutive months.

Revenue calculation shows that for a transit order of 1 million US dollars,choosing Hong Kong as the transit port can save about 8,000-12,000 US dollars in tax costs compared with ordinary transit ports. At the same time,it should be noted that if you pay transit service fees to overseas parties,you need to withhold and pay 10% non-resident enterprise income tax as required. If applicable under the Mainland and Hong Kong Tax Arrangement,the rate can be reduced to 5%,and you need to complete the agreement benefit filing in advance.

Reference: In-depth Analysis of Transit Trade Operation Modes and Potential Risks
Grace Wang
Grace WangYears of service:10Customer Rating:5.0

Senior Foreign Trade ConsultantStart a Chat

In the customs declaration link of transit trade, focus should be placed on the consistency of documents to ensure the clear ownership transfer track reflected in the bill of lading, manifest and transit contract, so as to avoid being identified as general trade by customs due to inconsistent documents, which will trigger the risk of paying high taxes such as import customs duty and value-added tax. If the goods are detained at the transit port, you need to go through the transit extension procedures 3 working days before the expiration of the free storage period, otherwise the transit port customs may collect port detention fees and storage late fees on a daily basis, with the rate usually being 0.1% of the cargo value per day.

For transit trade involving sensitive electronic components, you need to report the commodity code and end use to the transit customs in advance to avoid additional consumption tax or special commodity tax caused by classification errors. In addition, if transit trade involves transshipment in multiple countries, you need to simultaneously check the customs declaration and tax-related rules of each transit location. For example, transit in the EU requires transit fees, while some ports in Southeast Asia offer exemption, to ensure that tax payment in each link complies with local requirements.

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

Key Account ManagerStart a Chat

The choice of logistics route for transit trade directly affects tax costs. Priority should be given to transit ports with preferential transit tax policies, such as Hong Kong, Singapore, Dubai, etc. These ports usually reduce or exempt storage tax and transit service fees for transit goods, which can effectively reduce tax expenditure in the transit link. During the transit of goods, the stay time should be strictly controlled to avoid exceeding the free storage period specified by the transit port, otherwise high container detention fees and port detention fees will be incurred, and the container detention fee in some ports can even reach 50-100 US dollars per container per day.

At the same time, choosing a logistics service provider with transit qualification can assist in handling the application for tax reduction and exemption at the transit location, simplify the tax payment process, and also provide early warning of policy adjustments in the transit location to avoid additional taxes caused by policy changes. In addition, if the goods are damaged or short during transit, you need to issue an official inspection report in time to avoid unclear identification of the tax payment subject due to ownership disputes, which will lead to unnecessary cost losses.

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

Director of Import & Export OperationsStart a Chat

No value-added tax, consumption tax or import customs duty is required for transit trade in the domestic territory, because the goods do not actually enter the Chinese customs territory and do not constitute an import taxable act, which is the core tax-related difference between transit trade and general trade. However, if transit trade involves domestic enterprises paying service fees such as transit storage fees and freight forwarding fees to overseas parties, they need to withhold and pay non-resident enterprise income tax as required, with the tax rate usually being 10%. If the domestic enterprise has signed a tax agreement with the country where the overseas service provider is located, it can apply for the preferential tax rate under the agreement (for example, the rate under the Mainland-Hong Kong tax arrangement is 5%).

In addition, after the profits of transit trade are remitted back to the domestic territory, they need to be incorporated into the taxable income of the enterprise to pay enterprise income tax, with a tax rate of 25%. For eligible transit trade enterprises, they can apply for the tax reduction and exemption policy of the cross-border e-commerce comprehensive pilot zone, with access conditions of annual transit trade volume of no less than 5 million US dollars, no tax-related violation records for 12 consecutive months, and provision of a full set of transit documents and transaction flow certificates.

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

Cross-border Compliance SupervisorStart a Chat

In the foreign exchange receipt and payment link of transit trade, it is necessary to ensure that the capital flow is consistent with the ownership flow, so as to avoid being identified as a false transaction by the tax authority due to abnormal capital flow, which will trigger tax inspection and supplementary payment risks. When handling foreign exchange receipt for transit trade, you need to provide documents such as transit contract, bill of lading, transit storage certificate to the bank to prove the authenticity of the transaction, otherwise the bank may restrict foreign exchange receipt and payment, which will affect the capital arrangement for tax payment.

In addition, if RMB cross-border payment (CIPS) is used for transit trade, it is necessary to ensure that the message information clearly marks the words "transit trade" to avoid additional taxes caused by wrong identification of transaction nature. At the same time, it is necessary to regularly sort out the foreign exchange receipt and payment flow of transit trade to ensure accurate tax accounting for each transaction, so as to avoid misjudgment by the tax authority due to capital mixing, which will lead to unnecessary tax expenditure.

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

Trade Solutions ManagerStart a Chat

The transit trade contract should clearly stipulate the tax payment subject and responsibility division to avoid tax disputes caused by vague clauses. The contract should clarify the bearing party of various taxes and fees at the transit location (such as storage tax, port detention fee, inspection fee, etc.), and agree that if additional taxes are incurred due to improper operation of one party, the breaching party shall bear all responsibilities and the resulting late fees.

In addition, clauses for tax reduction and exemption application should be added to the contract, agreeing that if there are applicable preferential tax policies at the transit location, both parties shall cooperate to provide relevant documents and jointly enjoy the policy benefits. For transit trade involving sensitive commodities, the classification code and end use of the commodities should be clearly specified in the contract to avoid tax increase caused by classification errors. At the same time, force majeure clauses should be added, and if tax increase is caused by policy adjustment in the transit location, both parties can renegotiate the responsibility division to reduce unnecessary cost losses.

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

International Logistics & Supply Chain ManagerStart a Chat

When transit goods are inspected at the transit port, it is necessary to ensure that the goods are well packaged and the seals are intact, so as to avoid additional taxes caused by abnormal inspection. If the transit port customs requires unpacking inspection, you should prepare documents such as transit contract, bill of lading, commodity specification in advance to cooperate with the customs to complete the inspection, otherwise port detention fees and inspection service fees will be incurred, and the inspection service fee in some ports can reach 1,000-2,000 Hong Kong dollars per container.

In addition, if the goods are found to be inconsistent with the commodity standards of the transit location during inspection, you need to handle return or reclassification in time, otherwise you will be imposed high fines and taxes, with the fine amount usually being 5%-10% of the cargo value. For transit trade of fragile or valuable goods, you need to purchase cargo insurance for the transit location in advance to avoid unrecoverable taxes and losses caused by cargo damage during inspection.

Lucas Liu
Lucas LiuYears of service:8Customer Rating:5.0

Senior Operations ConsultantStart a Chat

Transit trade is not included in the scope of export tax rebate, because the goods are not actually exported from the Chinese customs territory, so they cannot enjoy the export tax rebate policy. Enterprises should clearly distinguish the income accounting between transit trade and general trade to avoid misjudgment by the tax authority due to income mixing, which will trigger export tax rebate inspection and tax supplementary payment risks. When carrying out financial accounting for transit trade, a full set of transit documents should be retained, including transit contract, bill of lading, transit storage certificate, foreign exchange receipt and payment vouchers, etc., with the retention period of no less than 5 years for tax authority inspection.

In addition, if an enterprise engages in both general trade and transit trade, it is necessary to set up separate accounting subjects for accounting to ensure accurate tax accounting, so as to avoid additional taxes caused by accounting errors. If an enterprise overpays taxes due to accounting errors, it can apply for tax refund from the tax authority within 3 years, and needs to provide relevant tax payment vouchers and proof materials of accounting errors.

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