Re­form ex­trav­a­ganza?

As par­lia­ment re­con­venes, re­forms will top its agenda. Next on the docket: Cus­toms penal­ties


In its June 2015-June 2016 ac­tion plan, the For­eign Trade and Cus­toms Tech­ni­cal Com­mit­tee of the Co­or­di­na­tion Board for Im­prov­ing the In­vest­ment En­vi­ron­ment rec­om­mended a study as­sess­ing fines in the Cus­toms Code ac­cord­ing to cur­rent eco­nomic con­di­tions. Now, the AK Party has pre­pared a 20-item law pro­posal which it has pre­sented to the Speaker’s of­fice of the Par­lia­ment. The pro­posal for the amend­ment of the Cus­toms Law No. 4458 is ex­pected to be on the top of the agenda when Par­lia­ment re­con­venes in Oc­to­ber.

Af­ter the new law en­ters into force, penal­ties that will be ap­plied to those who vi­o­late cus­toms leg­is­la­tion will be re­duced if they ap­ply be­fore be­ing de­tected by the ad­min­is­tra­tion. Cur­rently, 20 per­cent of the tax that could be ac­crued in or­der to col­lect the taxes aris­ing from the cus­toms pro­ce­dures was taken as a col­lat­eral. The pro­posal re­moves the ex­tra 20 per­cent tax bracket. The ap­pli­ca­tion pe­riod of rec­on­cil­i­a­tion for cus­toms penal­ties is also be­ing ex­tended.

With the en­act­ment of the law pro­posal, in case of dis­crep­an­cies later found in the declaratio­n, an ad­min­is­tra­tive fine of half of the tax dif­fer­ence shall be imposed. If the declaratio­n is cor­rected be­fore the cus­toms au­thor­i­ties de­ter­mine the con­tra­dic­tions, the rate of penal­ties will be re­duced from 15 per­cent to 10 per­cent.

In case goods that are not in free cir­cu­la­tion and which were brought to the Turk­ish Cus­toms Re­gion, sub­ject to the tran­sit regime to be shipped by road to the cus­toms au­thor­i­ties, are de­ter­mined to be sig­nif­i­cantly dif­fer­ent from what was de­clared, le­gal ac­tion will be taken ac­cord­ing. For in­stance:

- If the to­tal amount of cus­toms du­ties of the goods ex­ceeds the to­tal of the de­clared goods, an ad­min­is­tra­tive fine will be charged twice as much as the cus­toms du­ties on dif­fer­ent goods.

- If the im­port of the good is sub­ject to a li­cense, con­di­tion, per­mit, re­stric­tion or a cer­tifi­cate of con­form­ity or ad­e­quacy by cer­tain or­ga­ni­za­tions, dou­ble the cus­toms value of the good will be imposed as a fine.

- If the declaratio­n is found to be in­com­plete ac­cord­ing to the declaratio­n, the cus­toms du­ties on the goods will be taken and an ad­min­is­tra­tive fine twice the cus­toms du­ties will be ap­plied.

- If it is de­ter­mined that the amount is more than the declaratio­n, an ad­min­is­tra­tive fine as much as the cus­toms du­ties of the ex­cess goods will be ap­plied and the ex­cess goods will be sub­ject to liq­ui­da­tion.

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