FER Fischer & Rechsteiner
The customs warehouse is a suspensive and economic procedure as it allows, against a special authorization by the Customs Authorities, the suspension of payment of the duties imposed on deposited goods. This is a structure where goods may be stored without their being subject to the related taxes, waiting for the assignment of their final destination. The following kinds of goods are allowed to benefit from the above mentioned procedure:
- Non-Community goods under suspension of customs duties;
- Community goods, for which a specific Community legislation provides, in virtue of their being placed in a customs warehouse, the benefit of measures normally related to the export of goods, waiting for their final destination (art. 98, letter . B) Reg. (EEC) No 2913/1992).
Fischer & Rechsteiner handle a customs warehouse of type C at their terminal in Valmadrera on the base of an authorization by the Customs territorial jurisdiction, since they dispose of subjective and objective requirements demanded by Community legislation.
The institution of the VAT deposit, regulated by Art. 50-bis of Legislative Decree no. 331 of 1993, was expected – in transposition of Art. 16 of the Sixth EU Directive, as amended by the Community Directive 95/7/EC of 1995 – for the purpose of facilitation and simplification in order to avoid, following the abolition of customs barriers in force from 1 January 1993, that a less favorable treatment was reserved to Community goods with respect to goods from third countries. In essence, the VAT deposits are places designed to facilitate the handling and storage of goods which are object of the intra-Community trades; places where all the operations take place without the payment of VAT. Operations under the VAT deposit, specifically listed in paragraph 4 of art. 50-bis (intra-Community acquisitions or sales, certain domestic sales, imports, services relating to goods held in storage), which have run with the introduction of the goods in the deposit or that relate to goods that already exist in the deposit, shall be carried out without application of the tax: VAT payment, unlike what happens with imports, is postponed to a later date, that‘s to say when the goods are extracted from the deposit, in the case where the goods are extracted to be used in the State, or to be sold there.
For the importers of goods this is an important option: industrial and commercial companies using this instrument may defer payment of VAT at the time of the actual sale of the imported goods. The advantage is especially for the companies which structurally have VAT in their credit or for those who do not have the facilities for regular exporters (plafond).
In this case, the subject who performs the extraction pay the VAT on the base of the “reverse charge” system as per the Art. 17, third paragraph, of D.P.R. n. 633; this procedure involves the issue of a self-invoice to be recorded in the VAT register both for sales and for purchases, so that it is a simple account compensation, with the corresponding right to deduct the relevant amount, in accordance with art. 19 and following of the same D.P.R. n. 633, with limitations, reductions and adjustments thereto. The subject authorized to keep goods under the VAT deposit must necessarily enjoy the trust of the Financial Administration: in fact the authorization may be issued only to companies that have particular requirements, tested according to strict criteria of analysis. Fischer & Rechsteiner have obtained the specific authorization to handle a customs depot and a VAT depot directly inside their terminals under the identification number 100/C.