With circular 21 April 2017, no. 5 / D, the Customs Agency has clarified the procedure for filling in the value of goods at importation.
With the New Customs Code, the economic operator may, as provided for in art. 73 cdu, do not only puncture some items to subtract / add from the price paid or payable, but also the full payment due to the seller. It is then possible to predict, based on specific criteria, both positive and negative (eg purchase commissions) adjustments, and the entire transaction value (eg in case of transfer prices, transfer pricing).
To enable this procedure, the operator must make a request to the relevant customs office (that is, the office at the place where the applicant keeps the main accounts).
The customs office will verify the correctness of the instance (within a maximum of 30 days). Subsequently, the competent Office shall, on the one hand, acquire any certificates relating to the suspended loads and the judicial record at the Procurements of the Republic, on the other, to verify the operator’s reliability and the documents attached to the instance.
The investigation phase will be much shorter if the subject concerned already holds the status of AEO.
The final decision is issued by the Central Agency and can be appealed to the Regional Administrative Court of Lazio within sixty days. Alternatively, the President of the Republic may be granted an extraordinary appeal within one hundred and twenty days.