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Indian Newslink October 1 2018 Digital Edition

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OCTOBER 1, <strong>2018</strong><br />

Homelink<br />

More transparent but stringent Customs regime from <strong>October</strong> 1<br />

Supplied Content<br />

New Customs legislation to<br />

support border compliance<br />

and the country’s economy<br />

will come into force on <strong>October</strong> 1,<br />

<strong>2018</strong>.<br />

The Customs and Excise Act<br />

<strong>2018</strong> will replace the current but<br />

outdated and much-amended 1996<br />

Act and uses modern language<br />

that is easier to understand and<br />

interpret.<br />

Cooperative effort<br />

Customs spokesperson Terry<br />

Brown said that the new Act was a<br />

collaborative effort.<br />

“We have worked closely with<br />

the import/export sector, as well as<br />

the broader business community,<br />

in the past five years to shape the<br />

legislation and make it easier for<br />

traders to meet border requirements.<br />

There are new services<br />

and initiatives arising from the<br />

Act, including the ability to apply<br />

to store business records outside<br />

New Zealand or in the cloud, a new<br />

valuation rulings service, and the<br />

ability to seek reviews of Customs’<br />

assessments directly from Customs.<br />

Many of the new changes will result<br />

in time and cost savings,” he said.<br />

Mr Brown said that the travelling<br />

public is unlikely to notice much<br />

difference at the border, with<br />

existing provisions reconfirmed or<br />

clarified.”<br />

Customs processes more than 13<br />

million passengers a year, 14.4 million<br />

trade transactions and collects<br />

$13 billion in revenue for the Crown.<br />

More information on the Customs<br />

and Excise Act <strong>2018</strong> is available on<br />

the Customs website or by contacting<br />

our call centre 0800 428 786.<br />

About the new Act<br />

The intent of the Customs and Excise<br />

Act <strong>2018</strong> is still largely the same<br />

as the 1996 Act – to allow Customs<br />

to carry out its work of protecting<br />

New Zealand’s border and supporting<br />

the country’s economy.<br />

However, it provides more<br />

flexibility for Customs to keep<br />

pace with the constantly changing<br />

border, trade, travel and business<br />

environments.<br />

The new Act introduces new<br />

services and requirements<br />

Valuation rulings<br />

Customs can now make rulings<br />

on the appropriate method to determine<br />

the value of an importer’s<br />

goods. This means more certainty<br />

for importers where they are<br />

unsure of how to value their goods.<br />

Importers, or their agents/<br />

brokers, need to apply for a ruling<br />

before goods are imported into<br />

New Zealand. Costs for this service<br />

apply.<br />

Customs has up to 150 days to<br />

make a valuation ruling. A ruling is<br />

valid for up to three years.<br />

Provisional values<br />

Importers who meet the criteria<br />

can declare provisional values for<br />

their goods at the time of importation,<br />

when final values are not<br />

known.<br />

This ensures a transparent, clear,<br />

and flexible process to estimate<br />

values, which takes the realities of<br />

Photo for Newsroom by Lynn Grieveson<br />

trade into account. A final value can<br />

be confirmed within 12 months after<br />

the end of the importer’s financial<br />

year.<br />

Compensatory interest and late<br />

payment penalties<br />

This is a new process for charging<br />

compensatory (use of money)<br />

interest and late payment penalties<br />

when duty hasn’t been paid in full<br />

on time.<br />

It is fairer and more transparent<br />

than the previous additional duties<br />

regime, as the new process is clearer<br />

about when remission can be granted,<br />

and charges are consistent with<br />

those imposed by Inland Revenue.<br />

Storing business records<br />

Anyone required to keep<br />

Customs-related records can now<br />

apply to store their business records<br />

outside New Zealand, including in<br />

the cloud.<br />

This change provides flexibility<br />

in how to store business records, is<br />

more cost effective in many cases<br />

and reflects modern business practice<br />

(in line with Inland Revenue’s<br />

requirements).<br />

Comptroller’s discretion<br />

The Comptroller of Customs (Chief<br />

Executive) now has legal guidance<br />

on how much discretion they have to<br />

make and correct assessments, and<br />

collect the duty identified.<br />

The guidance is only applied in<br />

legal matters on revenue, collections<br />

and assessment. It ensures a fairer<br />

and more equitable system for duty<br />

payers.<br />

Administrative review<br />

Importers, exporters, excise<br />

manufacturers, brokers or agents<br />

can now request an administrative<br />

review of a Customs decision they<br />

are not happy with. Customs staff<br />

not involved in the original decision<br />

will complete the review.<br />

The new process, which industry<br />

asked for, is designed to reduce<br />

barriers and delays, and help keep<br />

costs down. It’s quicker and less<br />

costly than appealing to the Customs<br />

Appeal Authority.<br />

05<br />

Those seeking a review must<br />

make an application, or seek an<br />

extension to make an application,<br />

within 20 working days of a decision<br />

being made.<br />

Single Window<br />

Joint Border Management System<br />

(JBMS) users play a vital role in<br />

helping gain accurate information<br />

about goods coming in and out of<br />

New Zealand.<br />

Users now have to meet ongoing<br />

competency requirements, such<br />

as always acting in a professional<br />

manner and being a fit and proper<br />

person.<br />

Those users who repeatedly fail<br />

to demonstrate competency can<br />

have their registration suspended or<br />

revoked.<br />

Administrative penalties<br />

Administrative penalties now<br />

apply to all exporters, importers,<br />

licensees and agents who make<br />

errors or omissions on import,<br />

export or excise entries.<br />

From April 1, 2019, Customs<br />

officers can issue on-the-spot<br />

infringement notices to anyone<br />

not complying with the official<br />

requirements.<br />

International arriving and<br />

departing passengers (air and<br />

sea), importers, exporters, excise<br />

manufacturers, Customs-controlled<br />

areas (CCAs) and brokers are subject<br />

to fines of $400 (for an individual)<br />

or $800 (for a body corporate)<br />

depending on the offence.<br />

This new infringement notice<br />

scheme replaces the previous petty<br />

offences regime.<br />

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NOT FOR TAX EVASION.<br />

Our country is a target for fraudsters looking to clean their money.<br />

It’s estimated that over $1 billion a year comes from drug dealing and fraud,<br />

and can be laundered through New Zealand businesses. Risking our reputation<br />

and economy. So, we’re making law changes to protect New Zealand and<br />

everything we love about it. To find out more, visit keepourmoneyclean.govt.nz

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