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Understanding Taxes on Export and Import

by Harsh Upadhyay
December 20, 2022
in January 2022 Magazine, Tax
Reading Time: 6 mins read
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Understanding Tax Exporting

Tax exporting can take many forms and fulfill equally as many objectives. Therefore, in some instances, the practice is simply a transfer of tax liabilities to out-of-state individuals. In Addition, who happen to engage in the economy of a given state and pay taxes. At the same rate as local taxpayers.

In other cases, a tax may deliberately structured to impose a higher burden on outsiders. Than it does on locals. Therefore, this could simply be a means of generating extra revenue for a local government. Also, it could designed to discourage a particular business or behavior. In other cases, a tax could a political weapon aimed at another jurisdiction’s leadership.

On a federal level, any foreign national earning income from a U.S. source. They expected to file a return and pay tax on that income. This tax may reduced by a tax treaty between the U.S. and the foreigner’s country. In addion, states may honour those treaties to varying degrees. A corporation based overseas will be subject to U.S. taxation if the Internal Revenue Service (IRS) determines that it earns regular and routine income from U.S. business, even if through an intermediary. Consequently, the foreign firm will be taxed at the same graduated corporate rate as a U.S. firm, but a tax treaty can intervene to lower that rate in some cases[1].

What Is Import Duty?

Import duty a tax collected on imports and some exports by a country’s customs authorities. A good’s value will usually dictate the import duty. Depending on the context, import duty may also known as a customs duty, tariff, import tax or import tariff.

Import Duty Explained

Import duties have two distinct purposes: raise income for the local government and to give a market advantage to locally grown or produced goods that are not subject to import duties. A third related goal is sometimes to penalize a particular nation by charging high import duties on its products.

In the United States, Congress established import duties. The Harmonized Tariff Schedule (HTS) lists the rates for imports and published the International Trade Commission (USITC). Different rates applied depending on the countries’ trade relations status with the United States. The general rate applies to countries that have normal trade relations with the United States. The special rate is for countries that are not developed or are eligible for an international trade program[2].

How are exports of services treated for VAT/GST purposes?

The taxability of a service may depend on where the service performed or where the benefit received, depending on the taxing state. In general, services exported outside the US should not be subject to sales tax.

Imports – Goods

How are goods dealt with on importation?

Sales of goods from outside a state (whether from another US state or foreign country) for delivery into the state are generally subject to sales or use tax (unless an exemption or exclusion applies). Therefore, If a good imported into a state by a purchaser that did not pay sales tax on the good, use tax may be due.

Imports – Services

How services brought in from abroad treated for VAT purposes?

Sales of services that performed or received within a state from a seller located outside the state (from either another US state or foreign country) generally subject to sales or use tax. Recall that only specifically enumerated services are taxable in most states. In addition, If a vendor does not charge sales tax on a taxable service performed or received in the state, the purchaser may be liable for use tax.[3]

What are duties and taxes based on?

  • The amount of duties and taxes you need to pay for a shipment are determined several factors:
  • The HS code used to classify the product type. Customs authorities use this commodity code to quickly understand what shipped and to apply relevant taxes, duties and any regulations.
  • The value of the goods, including freight and insurance fees, help customs to determine the duties and taxes and to clear your shipment. That’s why it’s essential to state the correct value on the commercial invoice.
  • The goods description on the commercial invoice, including the product’s end-use and country of manufacture. To make sure the goods are classified correctly, the HS code and goods description should match.
  • International trade agreements between countries can influence the amount of taxes and duties on a shipment. If you’re shipping goods between nations that share a trade agreement, then they may be exempt from duties or eligible for a reduced rate.
  • The Incoterms® on the commercial invoice define the agreement between sender and receiver about who pays for shipping costs, including taxes and duties.

[1] https://home.kpmg/xx/en/home/insights/2018/10/united-states-indirect-tax-guide.html

[2] https://www.investopedia.com/terms/i/import.asp

[3] https://home.kpmg/xx/en/home/insights/2018/10/united-states-indirect-tax-guide.html

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