Who is the taxpayer under the Customs Act?

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As the company's reach has been expanding, we're pursuing new business and preparing to acquire a company in the related field. But trying to proceed without M&A consulting, the materials to review are so numerous it's quite difficult. Our company doesn't have a separate legal team, so it feels even more overwhelming — can I get M&A consulting?

customs act

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作者: 김국일

Under the Customs Act, the taxpayer refers to the person responsible for paying customs duties on imported goods that have been declared.

In principle, the cargo owner at the time of import declaration, that is, the person who owns the goods, becomes the taxpayer.

However, when the cargo owner is unclear, the taxpayer may differ according to the criteria set by laws and regulations.

In the case of consigned imports, the consignor; in the case of goods that are not import-agency goods received by an importer entrusted with the import, the consignee of the goods; and in the case of goods transferred before the import declaration, the transferee bears the tax obligation.

In addition, when the customs duty on goods that have been approved for import declaration or released after obtaining approval for release is insufficient and the personal information of the cargo owner is unclear, the import declarant bears the obligation to pay customs duties jointly with the cargo owner.

Furthermore, when customs duty is imposed because goods are handled differently from the conditions of permission or approval, the unloading licensee or the maintenance work approver may become the taxpayer.

In customs-related disputes, the status of taxpayer may differ depending on the facts, and improper response may unintentionally result in tax liability or disadvantages.

For complex legal judgments such as Customs Act-related matters, it is important to obtain assistance from a customs specialist attorney to establish accurate legal interpretations and response strategies.