INTRASTAT GUIDE 2017 Additional information: For all technical and methodological issues regarding Intrastat in Croatia: Phone: Fax: +385 42 23 42 55 +385 42 23 42 15 E-mail: [email protected] [email protected] Postal address: Customs Administration, Zrinsko-Frankopanska 9, 40000 Čakovec, Croatia Website: http://www.dzs.hr/default_e.htm Application form for the Intrastat – available on the official web site: http://www.dzs.hr/default_e.htm G2B Client App. and Technical manual for accessing and using the G2B service is available on the website: https://carina.gov.hr/istaknute-teme/e-carina/g2b-servis/2450 2 Content Introduction .............................................................................................................................................. 4 What is Intrastat? ..................................................................................................................................... 5 Legal basis............................................................................................................................................... 5 Reporting responsibility ........................................................................................................................... 7 Scope ....................................................................................................................................................... 9 Reporting period and deadlines for submitting Intrastat forms................................................................ 9 Responsibility of PSIs ............................................................................................................................ 11 Institutional responsibility for Intrastat in the Republic of Croatia .......................................................... 11 Intrastat form.......................................................................................................................................... 13 How to submit the Intrastat form?.......................................................................................................... 13 Documentation needed for filling in the Intrastat form ........................................................................... 13 Sum up of items with identical data ....................................................................................................... 24 Clarification on some specific transaction regarding Intrastat ............................................................... 25 1. Credit notes and their impact on statistical value ........................................................................ 25 2. Return and replacement of goods ............................................................................................... 25 3. Rebates and discounts ................................................................................................................ 27 4. Samples and advertising materials ............................................................................................. 28 5. Newspapers and periodicals under subscription ........................................................................ 29 6. Distance sales ............................................................................................................................. 30 7. Software and licences ................................................................................................................. 31 8. Goods for or following temporary use ......................................................................................... 33 9. Packaging .................................................................................................................................... 33 10. The sale / purchase with the intermediation of an agent (intermediary) ..................................... 33 11. Delivery of goods with the intermediation of a commission agent .............................................. 33 12. Consignment ............................................................................................................................... 34 13. Supply and assembly of goods ................................................................................................... 34 Operational and financial leasing .......................................................................................................... 35 Operational leasing ................................................................................................................................ 35 Financial leasing .................................................................................................................................... 35 Processing and repair ............................................................................................................................ 36 Non-residents ........................................................................................................................................ 44 Specific goods and specific movements of goods ................................................................................. 49 1. Industrial plants ........................................................................................................................... 49 2. Staggered consignments............................................................................................................. 50 3. Vessels and aircraft ..................................................................................................................... 51 4. Goods delivered to vessels and aircraft ...................................................................................... 52 5. Offshore installations ................................................................................................................... 55 6. Sea products ............................................................................................................................... 56 7. Electricity and gas ....................................................................................................................... 58 8. Purchase / sale of electricity or gas in the EU market ................................................................ 58 9. What is not reported to Intrastat in electricity / gas trade ............................................................ 59 Particular trade flows – examples.......................................................................................................... 60 Goods in transit ..................................................................................................................................... 60 Triangular trade ..................................................................................................................................... 61 Rotterdam effect (Quasi transit) ............................................................................................................ 64 Role of tax data in the Intrastat system ................................................................................................. 70 Annex 1. Application form for the Intrastat ............................................................................................ 72 Annex 2. Nature of transactions codes ................................................................................................. 74 Annex 3. What is reported for Intrastat .................................................................................................. 75 Annex 4. List of exemptions .................................................................................................................. 76 Annex 5. Field description of the Intrastat form ..................................................................................... 77 Annex 6. Geonomenclature ................................................................................................................... 78 Annex 7. Delivery terms ........................................................................................................................ 82 Annex 8. Place of delivery ..................................................................................................................... 82 Annex 9. Mode of transport ................................................................................................................... 83 Annex 10. Calculation of statistical value according to delivery terms - Incoterms (simplified) ............ 83 3 Introduction Entering of the Republic of Croatia to the European Union, on 1 July 2013 border controls and customs formalities for the movement of goods between the Republic of Croatia and other EU Member States have been abolished, and the Single Administrative Document (SAD) has ceased to be the source of data for statistics on trading in goods between Member States. New Intrastat survey has been introduced which purpose is direct data collection from business entities that trade with EU Member States. The purpose of this Manual is to provide business entities – providers of statistical information which are liable to submit the data on trade in goods with Member States of the European Union (Intrastat 1 data) the necessary information due to easier and more accurate fulfilment of Intrastat form in order to achieve a better quality of collected data. In order for a certain business entity to become liable for providing information for the Intrastat system, the following three criteria should be met: - The business entity should be registered for VAT The business entity trades with EU Member States Its annual value of foreign trade with other EU Member States exceeds the determined exemption threshold, defined for each year, separately for arrivals and separately for dispatches. For 2017, exemption threshold value is set to 1.7 million kuna for arrivals and 750 thousand kuna for dispatches. This Manual is based on the fundamental methodological recommendations of Eurostat, giving practical application of basic legislative and implementing regulations for the implementation of the Intrastat system. 1 Intrastat form is a data set which PSIs have to report to Intrastat electronically. 4 What is Intrastat? Intrastat is a system for collecting statistical data on the trade in goods between Member States of the European Union (EU). Establishing the European single market physical borders between Member States have been abolished, until the source of data on foreign trade in goods were Single Administrative Documents. Since 1993, data on trade in goods between Member States have been collected directly from business entities (providers of statistical information – PSIs) using the Intrastat statistical form. Intrastat survey comprises all dispatches of goods from the Republic of Croatia to another Member State as well as arrivals of goods from other Member States into the Republic of Croatia. This implies purchase, sales, return of goods; goods sent for processing or goods returned from processing (besides repairs and maintenance). Trade in services is not a subject of foreign trade in goods statistics, and for such trade Intrastat form is not submitted. The characteristic of Intrastat is that it tracks the physical movement (flow) of goods, and not the flow of payments. For instance, in the event that payment is carried out prior to any physical delivery of the particular goods, data for those goods will be submitted for Intrastat survey in the actual month of dispatch or arrival of the goods, and not in the month in which the payment was made. It is essential for Intrastat purposes that goods physically enter from the EU or leave the territory of the Republic of Croatia and dispatch to the EU. Legal basis European legislation The legal basis for implementing Intrastat is the European legislation related to statistics on trading in goods between EU Member States (Regulation (EC) No. 638/2004 and amending regulations Nos 222/2009 and 659/2014 of the European Parliament and of the Council, as well as the Commission Implementing Regulation No 1982/2004 and Commission amending regulations Nos 1915/2005, 91/2010, 96/2010 and 1093/2013). The stated Regulations contain methodological rules for collecting statistics (data), reporting thresholds, and the treatment of specific movements of goods. European regulations have a supranational significance and are mandatory for all EU Member States: Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No 3300/91 (OJ L 102, 7.4.2004) Regulation (EC) No 222/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States (OJ L 87, 31.3.2009) 5 Regulation (EC) No 659/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EC) No 638/2004 on Community statistics relating to trading of goods between Member States as regards conferring delegated and implementing powers on the Commission for the adoption of certain measures, the communication of information by the customs administration, the exchange of confidential data between Member States and the definition of statistical value (OJ L 189, 27.6.2014) Commission Regulation (EC) No 1982/2004 of 18 November 2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92 (OJ L 343, 19.11.2004) Commission Regulation (EC) No 1915/2005 of 24 November 2005 amending Regulation (EC) No 1982/2004 with regard to the simplification of the recording of the quantity and specifications on particular movements of goods (OJ L 307, 25.11.2005) Commission Regulation (EU) No 91/2010 of 2 February 2010 amending Regulation (EC) No 1982/2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States, as regards the list of goods excluded from statistics, the communication of information by the tax administration and quality assessment (OJ L 31, 3.2.2010) Commission Regulation (EU) No 96/2010 of 4 February 2010 amending Regulation (EC) No 1982/2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States, as regards the simplification threshold, trade by business characteristics, specific goods and movements and nature of transaction codes (OJ L 34, 5.2.2010) Commission Regulation (EU) No 1093/2013 of 4 November 2013 amending Regulation (EC) No 638/2004 of the European Parliament and of the Council and Commission Regulation (EC) No 1982/2004 as regards the simplification within the Intrastat system and the collection of Intrastat information (OJ L 294, 6.11.2013) Commission Regulation No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11. 2012) Commission Implementing Regulation (EU) 2016/1821 of 6 October 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 294, 28.10.2016) National legal basis The legal basis for implementing Intrastat at the national level is the Official Statistics Act (NN, Nos 103/03, 75/09, 59/12 and 12/13 – consolidated text)), the Annual Implementation Plan of Statistical Activities, Programme of Statistical Activities of the Republic of 6 th th Croatia 2013 to 2017 and the Customs Administration Act (NN, Nos 68/13, 30/14 and 115/16). More detailed notes on the methodology of this survey are published on the web site of the Croatian Bureau of Statistics (http://www.dzs.hr/default_e.htm). Reporting responsibility VAT-registered parties that trade with EU Member States and exceed the exemption threshold value determined for the reference year are liable to report for Intrastat. In accordance with the EU and national legal frameworks, all business entities in the Republic of Croatia (residents and nonresidents), who: 1. Carry out foreign trade in goods with other EU Member States, 2. Possess HR ID number, and 3. Exceed the annual exemption threshold value in Intrastat are LIABLE to declare INDEPENDENTLY to the Intrastat system of the Republic of Croatia! WHEN to apply in the Intrastat system? The application in the Intrastat system should be made in the month when exceeding annual Intrastat exemption threshold of a particular flow (arrival or dispatch) or for both flow (if in the same month the Intrastat threshold is exceeded for both arrivals and dispatch) took place. Data on foreign trade in goods with EU Member States can be found in book keeping accounts or inventory reports (e.g. commercial invoices, pro-forma invoices, warehouse receipt, bill of lading, records on distance sale, etc.). HOW to apply in the Intrastat system? Step 1: download the Application form for the Intrastat from the official web site: http://www.dzs.hr/default_e.htm Step 2: fulfill and stamp the Application Form and send it via email: [email protected] or via fax number: +385 42 23 42 15. For any questions, information is available at Intrastat Helpdesk phone number: +385 42 23 42 55. Step 3: Both Croatian Bureau of Statistics (CBS) and Croatian Customs Administration will send you a Notice on your reporting liability for Croatian INTRASTAT system, containing all the necessary information (the month when you start reporting, the flow of goods to report, deadlines for submitting INTRASTAT forms, legal basis, etc..). UNTIL WHEN does your reporting obligation last? The obligation to report lasts untill you receive a Notice on termination a liability, send by CBS and Croatian Customs Administration via e-mail. Reporting liability for Intrastat is also determined: - once a year on the basis of data on arrivals from other EU Member States and dispatches of goods to other Member States, for which the PSI reported in the Intrastat forms, including supplies and acquisitions registered on the VAT forms for the previous accounting period (twelve months). 7 Threshold values and PSIs are determined separately for arrivals and separately for dispatches. The PSIs are liable to report for Intrastat for the flow for which the annual value of trade in goods with EU Member States in the previous accounting period exceeded the defined exemption threshold value for the respective flow, or for both trade flows (arrival / dispatch). The exemption threshold in 2017 is set to 1 700 000 kuna for arrivals and 750 000 kuna for dispatches. The liability to report occurs also during the year for which reporting is undertaken when the cumulative value of trade in goods by the business entity, obtained on the basis of data from VAT forms, exceeds the exemption threshold value. In that case, the business entity is liable to report the data for Intrastat in the month in which the value of the trade in goods exceeded the threshold value. Croatian Bureau of Statistics and Customs Administration provide note to business entities about the occurring of liability or its termination. After the receiving a „Notice on reporting liability“, PSI is liable to submit Application form for the Intrastat within 10 days to the Customs Administration. Application form for the Intrastat (Annex 1) is available on the Intrastat's web page: http://www.dzs.hr/Hrv/intrastat/intrastat.htm The completed Application form for the Intrastat PSI may deliver to Customs Administration using one of the following: Mail at the address: Carinska uprava Zrinsko Frankopanska 9 40000 Čakovec E-mail at: [email protected] Or fax at: 042/ 234-215. The liability to report lasts at least until the end of the reference year and remains in force until reception of a notice indicating the termination of a liability. The PSI may transfer its liability to report to a third party - a declarant. The PSI is liable to inform the Customs Administration about methods of reporting in terms of representation, and enter and submit the data about third party declarant on the Application form for the Intrastat. Though the declarant reports on behalf of the PSI, the PSI is still responsible for the timeliness and accuracy of the data (regardless if reports itself or through a TPD). If the PSI changes its data on representation in reporting, third party declarant, contact persons or party responsible in the business entity it is liable to inform the Customs Administration about the change, resubmitting the Application form for the Intrastat which comprises accurate and valid data. 8 In the case of change of the ownership, name, status, address or ID number (due to merger or demerger of a company), the PSI has to provide written notice about the change and implementation date of new data to Customs Administration, Intrastat Unit to the above stated address or fax and e-mail to: [email protected]. Scope Intrastat survey comprises all dispatches of goods from the Republic of Croatia to another Member States as well as arrivals of goods from the other Member States to the Republic of Croatia (besides the goods noted in Annex 4). This implies purchase, sales, return of goods; goods sent for processing or goods returned from processing (besides repairs and maintenance). Trade in services is not a subject of foreign trade in goods statistics, and for such trade Intrastat form is not submitted. For Intrastat purposes is important the goods physically enter or leave the country. Data reported for Intrastat: - - - Commercial transactions of goods which include transfer of ownership, intended for use, consumption, investment or resale; Transactions which include transfer of ownership without financial or compensation in kind, The movement of goods from one Member State to another without transfer of ownership (e.g. warehousing, movement of goods prior to and following processing); Return of goods and replacement of goods (returning a product and a substitute purchase of a product); Other types of transactions, as shown in Annex 2 (see transaction codes 4-9). For more information, see Annex 3 Data not reported for Intrastat: - Services (the exception is processing of goods); Goods in transit; Temporary movement of goods which are not commercial transactions; Triangular trade in cases when the goods do not cross the Croatian border. For more information, see Annex 4 Reporting period and deadlines for submitting Intrastat forms PSIs have reported for Intrastat on a monthly basis. The reference period, according to the Article 6 of Regulation (EU) 659/2014 of the European Parliament and of the Council of 15 May 2014 is: a) the calendar month of dispatch or arrival of the goods; b) the calendar month during which the chargeable event occurs for the Community goods on which VAT becomes chargeable on intra-Community acquisitions and supplies. 9 Depending on the way of doing business, PSIs may choose one of the methods proposed (a or b). st th The Intrastat form must be submitted in period between 1 and 15 day of the month following the month for which the Intrastat form compiles. If the fifteenth is a non-working day, the deadline is the last working day prior to the fifteenth. Exception to the mentioned above is reporting for vessels and aircrafts, and reporting for staggered consignments. The reporting period for vessels and aircrafts is the calendar month during which a transfer of ownership occurs, whereas for staggered consignments the reference period is the month in which the final consignment had been delivered or received. For activities involving operational leasing, the reporting period is the month when the goods are received or dispatched (when concluding the contract, if the duration of leasing is expected to exceed two years) or the month in which it becomes evident that the goods will be withheld for more than two years. In the event that the PSI in a particular month does not have any transactions, it is liable to send in a nil Intrastat form. Deadlines for submitting Intrastat forms in 2017 Reference period Submission deadline January 15. 2. 2017 February 15. 3. 2017 March 14. 4. 2017 April 15. 5. 2017 May 14. 6. 2017 June 14. 7. 2017 July 14. 8. 2017 August 15. 9. 2017 September 13.10. 2017 October 15. 11. 2017 November 15. 12. 2017 December 15. 1. 2018 Important notes: - if the fifteenth is a non-working day, the deadline is the last working day prior to the fifteenth PSIs are bound to provide, for the requirements of Intrastat statistical survey to the Ministry of Finance, Customs Administration, accurate, complete and updated data on trade 10 - - in goods within the European Union, without remuneration, in content and in form as determined by the producer of official statistics and within the deadlines determined by the Annual Implementing Plan or Decision by the Government of the Republic of Croatia (Official Statistics Act, Article 38 (OG Nos 103/03, 75/09, 59/12 and 12/13 – consolidated text)). If the PSI do not provide accurate, complete and updated data, in the content and form determined by the producer of official statistics and within the timelines determined by the Annual Implementing Plan or Decision of the Government of the Republic of Croatia as referred to Article 35 of the Official Statistics Act, the provisions of Article 69 of the Official Statistics Act are applied If the data stated by the PSIs are not accurate, complete and updated, determined independently by PSI or Customs Administration the PSIs shall be bound to correct them, according to the Article 39 of the Official Statistics Act. Responsibility of PSIs Intrastat form is to be filled in by PSI itself which performs trade business or it may transfer to a third party - a declarant. The PSI has exclusive liability for accuracy, completeness and updating of the data as well as reporting for Intrastat according to the determined timelines regardless if reports itself or through a TPD. If the PSI do not provide Intrastat form within the determined timelines, against legal person and party responsible in business entity a legal proceedings will be taken in accordance with Article 69, paragraph 1, item 1 of the Official Statistics Act or Article 118, paragraph 1, item 4 of the Customs Administration Act. Pursuant to the provisions of article 59 of the Official Statistics Act, data collected from the Intrastat survey are subject to the provisions on confidentiality and protection of statistical data. Institutional responsibility for Intrastat in the Republic of Croatia In terms of the provisions of the Official Statistics Act, the Croatian Bureau of Statistics (CBS) is responsible for preparing and conducting statistical activities, fulfilling international liability regarding official statistics from the scope of work determined by the Programme of Statistical Activities of the Republic of Croatia and for Intrastat survey. The Croatian Bureau of Statistics and the Customs Administration of the Republic of Croatia signed in 2008 an Agreement on Mutual Cooperation for the Implementation of Intrastat survey (statistics on the trading in goods between EU Member States) into the statistical system of the Republic of Croatia. According to the stated agreement, the CBS is the central authority or institution assigned for Intrastat survey (methodology, data processing and dissemination of statistical data), while the 11 Customs Administration collects and controls data for the stated survey. In accordance with the Official Statistics Act data submitted in the Intrastat form are considered to be confidential and may be used exclusively for statistical purposes. 12 Intrastat form Where can be found the basic data for filling in the form? Intrastat form comprises a collection of all data which the PSI must report for Intrastat electronically (see Annex 5). The Intrastat form comprises two parts: - header of the Intrastat form, and - reporting items of the Intrastat form. The header of the Intrastat form contains data on the business entity (PSI), Intrastat form and the eventual declarant, and is indicative for all items relating to the particular period and reporting flow. Reporting items of the form contain data on goods which is an object of exchange with EU Member States. How to submit the Intrastat form? The Intrastat form is submitted only electronically, using the exchange of electronic documents between the entrepreneurs and the Information System of the Customs Administration. The PSIs are submitting .xml electronic Intrastat form to the Customs Intrastat system using the G2B service of the Customs Administration. Documentation needed for filling in the Intrastat form Based on the Regulation (EC) No 638/2004 of the European Parliament and of the Council: Article 2, Definition Goods and Community goods; Article 3: Definition scope of dispatches and arrivals), Intrastat survey comprises all dispatches of goods from the Republic of Croatia to another Member States as well as arrivals from other Member States to the Republic of Croatia (except goods listed in Annex I of the Commission Regulation (EC) No 1982/2004). This implies purchase, sale, return of goods; goods sent for or following processing (besides repairs and maintenance). It is essential for Intrastat purposes that goods physically enter (from another MS of the EU) or leave the territory of the Republic of Croatia (to another MS of the EU). The basis for the compilation of the Intrastat report can be found in the book keeping accounts and inventory reports, e.g.: an invoice of a purchase or sale, in and contracts or in orders. bill of lading transport documents contracts (e.g. purchase / sale contract; processing under a contract) written orders 13 other documentation that contains data on goods. It is recommended to keep the documentation, used for the compilation of Intrastat report, according to the timeliness assigned by General Tax Act (NN, No. 147/08) and Accounting Act (NN Nos 109/07, 54/13). Fields of header of the Intrastat form: Field 0: The flow of goods – designates the flow of goods whether it involves an arrival or dispatch of goods to/from Croatia Data on PSI – comprises three (3) sub-fields: Field 1: Field 1a: Identification number of PSI - unambiguous determines the PSI, ID of PSI Field 1b: Name of PSI Field 1c: Address of PSI Field 2: submitted Reporting period – defines period for which the form is Field 3: Total number of items – total number of items in the reference period, is generated as a sum of all individual reporting items, but the field is not visible in an excel Intrastat form. Field 4: Data on Third Party Declarant – if a third party is submitting the report for PSI, it comprises three (3) sub-fields: Field 4a: Identification number of a Third Party Declarant - unambiguous determines the TPD, ID of TPD, for the purpose of Intrastat survey PIN will be used as identification number of HR TPD / declarant, while 2 alphabetical characters of country and 18 alpha-numeric characters (Geonomenclature+ID) are provided for foreign TPDs (Geonomenclature+ID). Field 4b: Name of Third Party Declarant Field 4c: Address of Third Party Declarant Field 4d: Country of Third Party Declarant Field 5: Data on Customs Administration – field is not visible in excel Intrastat form because it is automatically generated. Field 6: Type of form - defines the type of form considering its reporting purpose Code Description I Original form N Substitute form B Deleting a prior submitted form Nil form 0 14 Code I designates the original form for a particular reference period. In the original form fields of the header of the Intrastat form and fields of reporting items are filled in. Code N designates the substitute form which entirely replaces the original form - identification data (data on PSI, flow of goods, reference period) on substitute form have to be exactly the same with those on original or nil form because in database it covers substantially the same form with code I or 0 - substitute form is used in case some errors in the report already submitted are identified by PSI, e.g. for net mass Code B deleting a prior submitted form - the header of the form needs to be filled in with the same identification data as original, nil or substitute form entering alpha code B in field 6 which will delete a prior submitted form. Code 0 nil form (nil report) - submitted by PSIs which did not have an arrival/dispatch from / to EU Member States. For Intrastat purposes they (PSIs) are liable to forward the Intrastat form with its identification data and code 0. Field 7: Reference number – the Information System of Customs Administration assign a reference number to Intrastat form after it has passed formal control of the fields and has been received to the system. The field is not visible in an excel Intrastat form, yet in the feedback message that PSI receives with regard to the successful submission of Intrastat form in the system. Field 8: Date - contains the data on date for filling in the Intrastat form, but the field is not visible in an excel Intrastat form since it is filled in automatically. The reporting items of the Intrastat form are part of the form that contains data relating to the type of goods which the particular PSI receives or dispatches in a particular reporting period. 15 Fields of the Intrastat form’s reporting items: Field 9: Item number – the number of the last entered item has to be equal to number of items on field 3. Field 10: Commodity code - The eight-digit commodity code according to the Combined Nomenclature (CN). For specific movements of goods the simplified coding of goods is possible. Detailed explanations in heading Specific goods and specific movements of goods. Full title of the Regulation is: Commission Implementing Regulation (EU) 2016/1821 of 6 October 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 294, 28.10.2016) Goods are classified in the CN based on the General rules and Notes (Notes to Sections, Chapter Notes, Notes to the subheadings and additional notes) and not otherwise!! Each PSI is required to correctly classify all received / dispatched goods according to the current Combined Nomenclature during the compilation of Intrastat in accordance with: 1. 2. 3. 4. 5. General rules for the classification of goods in the CN, Notes to Sections, Chapter notes Notes to the subheadings and Additional notes. General rules for the classification of goods in the Combined Nomenclature has to be applied at exactly the same order as listed (e.g. the goods will be classified in the CN pursuant to General rule 3a only if General rule 1 nor General rule 2 cannot be applied, etc.). Considering that the PSI has documentation on goods, which contains a description of the goods, purpose and other crucial characteristics, it is necessary in accordance with the detailed information on goods (according to the documentation) to apply an appropriate general rule on the classification of goods. Classification of goods in the Combined Nomenclature shall be governed by the following principles: 1. The titles of sections, chapters and sub-chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions. 2. (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled. (b) Any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The classification of goods consisting of more than one material or substance shall be according to the principles of 16 rule 3. 3. When, by application of rule 2(b) or for any other reason, goods are prima facie classifiable under two or more headings, classification shall be effected as follows: (a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, in so far as this criterion is applicable; (c) when goods cannot be classified by reference to 3(a) or (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. 4. Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin. 5. In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein: (a) camera cases, musical instrument cases, gun cases, drawing-instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and presented with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character; 1 (b) subject to the provisions of rule 5(a), packing materials and packing containers ( ) presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such packing materials or packing containers are clearly suitable for repetitive use. 6. For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and, mutatis mutandis, to the above rules, on the understanding that only subheadings at the same level are comparable. For the purposes of this rule, the relative section and chapter notes also apply, unless the context requires otherwise. When classifying goods according to the Combined Nomenclature it is important to know under which General rule a certain goods were classified in a particular CN code, and based on a which Note (Notes to Sections, Chapter Notes, Notes to subheadings). This kind of procedure should be applied in each classification of goods according to the CN, meaning it is necessary to know why some goods are classified in a specific CN code, i.e. why the same goods are not classified in some similar CN code. The application of simplified reporting is available for specific movement of goods. Extensive explanations in chapter Specific goods and movement of goods. Field 11: Description of goods – the comprehensible trade name of the goods is to be entered in this field. E.g.: personal vehicle, travel bag, candy, floats etc... With regard to the dispatches or arrivals of ships, the name of the ship is obligatory. The name in the Combined Nomenclature is not used for filling in this field and it cannot contain special characters (- /! "" # $% &, 17 etc.). Description of the goods shall be entered only in Croatian language. It is possible to enter only 400 characters in the field „description of goods“. 3 FI 11,500 Statistical value Net mass 11 Invoice value Country of origin CPT 1– territory of Croatia SUQ Mode of transport FI Finland Nature of transaction NMS200 03 0070 5 Place of delivery 85332900 Descriptio n of goods Delivery terms CN code Country of destination/ consignment Example 1: incorrect description of goods 25.000 27.543 CN code 85332900 comprises following: Fixed electrical resistors for a power handling capacity > 20 W (excl. heating resistors). From the description of goods “NMS200 03 0070 5” is not clear what goods is considered to be, and it should be clear that it is the electrical resistor, and therefore the description of goods is incorrect! Field 12: Country of destination / consignment code – coded label for country of destination / consignment (Geonomenclature – see Annex 6). For arrivals the Member State from which the goods were sent to Croatia is entered, and for dispatches the last known Member State to which the goods were delivered. HR as a country of destination / consignment code should not occur. Field 13: Delivery terms – comprises two sub-fields: delivery terms' codes according to Incoterms and place of delivery (see Annex 7 and Annex 8). Place under the delivery terms indicates the place where costs and risks are transferred from supplier to the customer. E.g.: with regard to the arrival of goods from other Member State using EXW Graz parity, code 2 shall be entered for the place of delivery - the territory of another Member State, while regarding a dispatch of goods from the Republic of Croatia with the same parity, the code of the place of delivery is 1 – territory of Croatia. Third is an example of the quasi import from China with a dispatch from HR to the EU on a delivery term FOB Shanghai – code 3 shall be entered for the place of delivery. The delivery terms are defined as: ‘Those provisions of the sales contract which lay down the obligations of the seller and the customer respectively in accordance with the Incoterms of the International Chamber of Commerce’. 18 INCOTERMS 2010 - - - - standard trade definitions commonly used in international sales contracts and define: when seller delivered, and customer received the goods. Being only rules for the interpretation of global shipping terms included in specified articles of the sales contract, and without prejudice to the rest of other contract terms, they clearly indicate the point at which the responsibilities for the costs and risk factors related to the delivery of the goods shift from the seller to the customer (exporter / importer). Incoterms 2010 are grouped into four categories (E, F, C, D), and each group indicates different degree of responsibility of seller over a delivery E terms occur when a seller's responsibilities are fulfilled and when goods are ready to depart from their facilities – the lowest degree of responsibility (EXW) Terms beginning with F refer to shipments where the primary cost of shipping is not paid for by the seller (FCA, FAS, FOB) Terms beginning with C deal with shipments where the seller pays for shipping (CFR, CIF, CPT, CIP) D terms cover shipments where the shipper / seller's responsibility ends and when the goods arrive at some specific point – the highest degree of responsibility of a customer (DAT, DAP, DDP). Calculation of statistical value in Intrastat report depends on delivery terms. Field 14: Nature of transaction – nature of transaction code according to the listed item (see Annex 2). Field 15: Mode of transport – mode of transport code for listed item (see Annex 9). The code is determined by active means of transport by which the goods leaves statistical territory of MS of dispatch or enters in statistical territory of MS of arrival. Mode of transport code 5 – Postal consignment is applied in case of arrival / dispatch of postal consignments with following notes: - - - If the active mean is known by which the postal consignment has been delivered / dispatched (e.g., by truck) – mode of transport code corresponding to the known active mean is entered (e.g., 3 – road transport) in Intrastat form. If the active mean is not known by which the postal consignment has been delivered/dispatched – mode of transport code 5 is to be entered in Intrastat form (postal consignment). Mode of transport code 5 is allowed to use for postal consignments weight =< 1000 kg (thousand kilograms). For consignments weight >1000 kg the exact determination of mode of transport has to be done. 19 Mode of transport code 9 – Own propulsion, applied in case of purchase / sale of mean of transport (e.g. aircraft, bus etc.) whereby the goods are not delivered / dispatched (carried) on other mean of transport but under their own propulsion. Field 16: Country of origin code – only in case of arrival of goods (Geonomenclature – see Annex 6). The country of origin is assessed according to rules of origin in each Member State (country of origin is the country in which the goods are wholly produced or the last substantial transformation took place). Therefore, for country of origin in the Intrastat reporting a non-EU country code may occur as well. In case of impossibility to assign a correct country of origin, the country of consignment may be entered in field 16 in following cases: - goods in chapter 97 of the Combined Nomenclature, goods delivered after outward processing, returned goods, goods of which the origin is not known, goods of origin in the reporting Member State (HR). As regards to specific goods and movements, especially vessels and aircraft or goods delivered to vessels and aircraft – special rules regarding the partner Member State / country exist (see chapter Specific goods and movements). Field 17: Net mass – is expressed in kilograms using three decimal places. Exception is electricity for which the net mass is not recorded but the quantity in supplementary unit expressed in megawatts. The net mass is the mass of goods without packaging. If the data on net mass is not available, it has to be determined as accurate as possible. Conversion factors for net mass estimation 2017 Example 1: in case there is a need to convert data on litres of wine to a data on net mass expressed in kilograms, all the following needs to be done: - - Exact determination of the CN code (wine) from the Combined Nomenclature – let’s assume that it’s about the CN code 2204 21 23 (White wines produced in Tokay e.g. Aszu, Szamorodni, Máslás, Fordítás, in containers holding <= 2 l and of an actual alcoholic strength of <= 15% vol, with PDO (excl. sparkling wine and semi-sparkling wine) CN code 2204 21 23 prescribes data on SUQ according to the code 33 Code 33 refers to “litre”, according to the Annex 10 “Supplementary unit” Open “Conversion factors for net mass estimation” and find CN code 2204 21 23 According to the code 2204 21 23, conversion factor is 0,9750 Let’s assume that it’s about arrival / dispatch of total 25 112 litres of wine, and all amount concerns CN code 2204 21 23 Multiply 25 112 litres * 0,9750=24 484,2 kg Conversion factors are used, besides the calculation of net mass, also for the calculation of value of goods per kilogram. 20 The column Conversion factor for value per kilogram is applied in some cases when the goods are declared in Intrastat report, for which the exact value in moment of compiling the Intrastat report is not known. Example 2: Tokay wine (from the previous example) has arrived at the consignment warehouse (NoT 12). The goods have arrived with supporting bill of lading and CMR (there is no invoice stating the value of goods). Type of goods is stated on a bill of lading (wine Tokay). Following needs to be done: - - - Determine net mass – let’s assume that it’s 24 484, 2 kilograms (do not use data on litres because we need data on kilograms – net mass in kg). Goods has to be classified according to the eight-digit code of the CN: 2204 21 23 According to the CN code 2204 21 23 – conversion factor is 2, 40552487899674 (rounded = 2, 41). It concerns the value expressed in euros! Multiply 24 484,2 kg * conversion factor 2, 40552487899674 = 58 897, 35224233198 (rounded = 58 897, 35 EUR) So, the invoice value of total amount of the received Tokay wine is 58 897, 35 EUR. Field 18: Quantity in SU – the supplementary unit is stipulated for goods in the Combined Nomenclature. It is necessary to enter the quantity of goods in stipulated supplementary unit with three decimals. If the supplementary unit is not stipulated by a certain tariff number, or if it concerns the specific movement of goods (industrial plants, goods delivered to vessels and aircrafts and offshore installations), this field shall remain empty! Field 19: Invoice value - the value of the goods shown on the invoice in the case of a sale or purchase of goods. If there is no invoice, the invoiced value of the goods is estimated on the basis of the price that would be obtained in the event of a sale or purchase of the respective goods. The invoice value does not include VAT and other taxes. It includes additional costs (freight costs, packaging, loading, reloading, insurance) if included in the invoice value and shown on the invoice in accordance with delivery terms (Incoterms). For dispatches and arrivals of goods following processing, the total value of the processed goods is shown. The invoice value is expressed in kuna. In case of value on the invoice shown in foreign currency, the value shall be converted using the official exchange rate list of the Croatian National Bank. The first valid exchange rate list for the particular month, that is month for which data are reported, is applied for converting the currency in kuna and is found at the CNB’s website. E.g.: when reporting arrival and dispatch of goods carried out in January of 2017 the invoice value is reported to the Intrastat according to the midpoint exchange rate published in the exchange rate of the CNB No 253, which is determined on 30. 12. 2016, and applied as of 31. 12. 2016. 21 Invoice value regarding processing activities ARRIVAL / DISPATCH OF GOODS WITH A VIEW TO PROCESSING Goods or raw material remains the property of a processor (owner supply) No invoicing and transfer of ownership Goods are supported by bill of lading or pro forma document IV = value of goods received for processing (if the value of goods received for processing is not known, invoice value is the estimated market value of the goods) ARRIVAL / DISPATCH OF GOODS FOLLOWING PROCESSING Goods are processed or the new product has been manufactured Invoice for processing fee or invoice for new manufactured product exists Invoice is issued by a processor (processing or manufacturing company) In case when processor issues invoice for processing fee: IV = value of goods / materials originally received for processing + processing fee + the price of the materials and parts added. In case when processor issues invoice for new manufactured product (e.g. ship, vehicle, machine etc.): IV = value of manufactured final product (according to the issued invoice, and includes material and manufacturing service) + value of originally received goods or raw material owned by a processor (owner supply). Field 20: Statistical value - the value of goods at the Croatian border. It is calculated in the manner that the invoice value of goods in kuna is calculated according to the franco Croatian border parity. The costs of transport, loading and insurance up to the Croatian border with respect to the delivery terms are completely or partially added to or reduced from the invoice value. With regard to dispatch of goods, the FOB value (free on board) is calculated, i.e. the ancillary costs (e.g. freight, insurance) incurred from the place of delivery in the Republic of Croatia to the port, airport or other frontier-crossing point at the Croatian border, are added to the value of goods. For instance, if the manufacturer delivers the goods from the Republic of Croatia to another Member State, all costs incurred due to the movement of goods from the manufacturer to the port of dispatch or border crossing at the Croatian border are included in the statistical value. With regard to arrival of goods, the CIF value (cost, insurance and freight) is calculated, i.e. the ancillary costs (e.g. freight, insurance) incurred from the place of delivery in the Member State up to the Croatian border is included in the value. In the case that the place from which the goods were dispatched from Croatia or the place where the goods have arrived to Croatia is located near the Croatian border (100 km), the ancillary costs incurred in the territory of the Republic of Croatia may be disregarded when calculating the statistical value. The statistical value is expressed in kuna. (see Annex 10). Transport costs: In the case when transport costs are not known, estimated transport costs shall be declared. Share of costs in HR can be approximately determined in a ration between a distance in km and a total transport cost. In the case when transport cost is not shown on the invoice, information on transport cost can be found on web pages of carriers or forwarding agents. 22 Insurance costs: In the case when insurance costs are not known, estimated insurance costs are based on a costs usually paid for that kind of services in the case goods are insured. Information on insurance costs of goods can be found on a web page of some insurance companies (Cargo insurance), i.e. it is possible to ask insurance companies for an informative offer. Examples of calculation the statistical value on CIP parity: 23 Sum up of items with identical data Individual reports for the same flow, relating to the same product code has to be summarized providing all description data identical (description of goods, country of destination/consignment, delivery terms – first and second subfield, nature of transactions – first and second subfield, mode of transport, country of origin for arrivals). Sum up is carried out in a way to add up the values of the same type of data (net mass, supplementary unit, invoiced value and statistical value) of each individual report. 19021100 19021100 Description of goods Country of destination /consignm ent Delive ry terms LASAGNE AT EXW 2 11 3 AT EXW 2 11 3 VERMICELLI Country of origin CN code Place of delivery Nature of transactio n Mode of transport Example 1: sum up in Intrastat report on ARRIVAL Net mass Invoiced value (IV) Statistic al value (SV) AT 294,000 10.000 10.500 AT 2.520,000 18.000 19.500 SUQ 19021100 PASTA AT EXW 2 11 3 AT 1.200,000 9.000 10.500 19021100 MACARONI AT EXW 2 11 3 AT 1.800,000 13.000 14.500 19021100 FUSILLI AT EXW 2 11 3 AT 1.080,000 8.000 9.000 19021100 SPAGHETTI AT EXW 2 11 3 AT 1.120,000 9.000 10.000 SUM UP: 19021100 LASAGNE, VERMICELLI, PASTA, MACARONI, FUSILLI, SPAGHETTI AT EXW 2 11 3 AT 8.014,000 67.000 74.000 The result of sum up is one item under the CN code 1902 11 00, instead of previous six items. It is possible to enter max. 400 characters in the field „description of goods“, therefore all types of pasta are listed from the CN code concerned (spaghetti, fusilli, macaroni, pasta, vermicelli and lasagne). Correctly classified goods according to the Combined Nomenclature are the prerequisite to sum up items in Intrastat form. Given the field „Description of goods“ in Intrastat form allows entering of 400 characters, it's desirable to enter and more than one article, i.e. comprise apropos sum up as many different articles according to the size of field. If the same article repeats several times, there is no need to enter its title more than once in the field „Description of goods“, it is enough to enter it once. 24 Clarification on some specific transaction regarding Intrastat 1. Credit notes and their impact on statistical value A credit note is a form or letter from the seller to a customer, stating that a certain amount has been credited to the customer's account. It is issued in various situations to correct a mistake, such as (1) an invoice amount is overstated, (2) correct discount rate was not applied, (3) goods spoil within the guarantee period, or (4) they do not meet the customer's specifications and are returned. If a credit note is issued for an error in declaring value, discount which was approved must be calculated into the statistical value on the Intrastat form during the reference period, or subsequently in the substitute form. Example 1: PSI has received the goods in value of 100 000, 00 kn and invoice in the same amount in February. Upon examination of th goods imperfections were determined on a part of goods. At 5 of March PSI has received a credit note for an improper part of goods from February stating that 20 000, 00 kn has been credited to the PSIs account. th Given that the PSI till 5 of March hasn’t yet delivered Intrastat th report for February (deadline is the 15 ), the following needs to be done: declare an arrival of goods in value of 80 000, 00 kn in Intrastat report for February (deduct the amount form invoice with the value of a credit note). If a credit note is issued as a bonus, discount at the end of the year for a good results, it will not be reflected on the transaction value shown on the Intrastat form, since the value of the goods must be established at the moment of crossing the border. In that case it is not necessary to correct originally declared value in Intrastat form. Note: PSIs are not required to submit a correction of the value and quantity with a substitute form: - if the deviation between the valid and declared value of goods at the item level is less than or equal to ± 5% and less than 100 000 kn - if the deviation between the valid and declared quantity of goods at the item level is less than or equal to ± 5%. 2. Return and replacement of goods Returned goods and replacement deliveries are to be included in Intrastat. The reference period is the month when the return or replacement delivery took place. Transaction code 2 is used when the original goods movement was recorded with code 1, and the value of the returned or replacement goods must be provided. Return of goods and replacement deliveries are reported in the direction the goods are sent, i.e. goods received as arrivals and goods sent as dispatches: 25 - - the business entity that return goods, must report the return as a dispatch. If the business entity receives a replacement delivery, it must be reported as an arrival. A business entity that receives returned goods must report the return as an arrival. If the business entity sends the replacement delivery, it must be declared as a dispatch. The following transactions are covered: Return of goods (Not 21) Replacement for returned goods (Not 22) Replacement (e.g. under guarantee) for goods not being returned (Not 23). Return of goods of which the original transaction was reported with transaction codes 3, 7, 8 and 9, must be declared again with the same transaction codes. On the other hand, the return of goods with the previous transaction code 4 should be reported using code 5. If delivered goods are found to be of unsatisfactory quality and are to be returned to the supplier, in that case the following is important: If the PSI is liable for one flow of goods (arrival or dispatch) In the case an arrival or dispatch of goods has already been submitted to Intrastat, and the difference in quantity or value for a certain delivery of goods has been identified afterwards and a credit note has been issued for the same delivery, already submitted data on value and / or quantity of received or dispatched goods shall be adjusted (changed) with a substitute form for that month in which the goods concerned have originally been received. If the PSI is liable for both flows (both arrivals and dispatches) Return of goods is to be reported and the deduction of value approved with a credit note doesn’t need to be carried out. So, when it concerns the return of goods, an amount of a credit note is not to be declared for Intrastat. Example 1: PSI is liable only for flow 1 – arrival - - 100 televisions received in April – to be reported to Intrastat with a NoT 11 A part of received goods (20 TVs) is of improper quality and are to be sent to the supplier in May – no reporting to Intrastat since PSI is not liable to report for dispatches In June the supplier sends: a) A credit note for 20 TVs – on a basis of a received credit note PSI will submit a substitute form to Intrastat for April by changing (deducting) quantity and value of received televisions (80 TVs will be declared in N (substitute) form). or b) Supplier sends a free new replacement of 20 TVs (valid) – declared with NoT 22 26 Example 2: PSI is liable for both flows - - 100 TVs received in April - to be reported to Intrastat with NoT 11 A part of received goods (20 TVs) is of improper quality and are to be sent to the supplier in May - to be reported to Intrastat with NoT 21 In June supplier sends: c) Credit note for 20 TVs – deduction of value and quantity won’t be carried out by a PSI in the Intrastat report for April since report on return of goods has been submitted. So, when it concerns the return of goods, the amount of a credit note is not declared for Intrastat. Or d) Supplier sends a free new replacement 20 TVs (valid) – declared with NoT 22. 3. Rebates and discounts When compiling Intrastat report according to invoice which specifies the discount - PSI is obliged to determine precisely whether it is a discount on goods or a payment discount. Following is to be declared: - Rebates and discounts which are known at the moment of declaring goods (not a payment discount, but discount on goods) to Intrastat and can be related to each delivery of concrete goods should be taken into account when defining the value and quantity for Intrastat. - In the case of an arrival or dispatch of goods already reported to Intrastat, but the difference in the quantity or value of a certain supply of goods has been established afterwards, data on value and / or quantity of goods already declared should be adjusted (changed) with a substitute form. - Following is not to be declared: - Discounts granted at a later point in time (e.g. not foreseeable at the time of transaction, granted as total amount for all previous transactions) and subsequent changes of the underlying contract do not require an adjustment of the statistical value. - Discounts related to way of payment (e.g. advance payment), payment prior to due date or arranged by contract between supplier and customer are not reported to Intrastat. - The difference in value and / or quantity ±5% on an item level has not to be declared for Intrastat. 27 Example 1. Invoice for purchase / sale indicates following values: Value of goods Sconto (advance payment 3%) Total for payment 1000, 00 € 30, 00 € 970, 00 € Sconto is a payment discount. Cassa sconto represents discount on payment on time or reward for timely payment (5% discount on payment within 10 days since the day of issuing the invoice). Considering that it is the discount on payment (and not discount on goods) – is not to be declared for Intrastat, meaning the value of 1 000, 00 EURO should be declared for Intrastat. If the company is reported 970, 00 EURO in VAT form - such difference between Intrastat and VAT report is justified. Example 2. Invoice for purchase / sale indicates following values: Value of goods Rebate Total for payment 1000, 00 € 30, 00 € 970, 00 € Rebates are generally considered less (reduced) price compared to the price according to the price list of goods and services, which is granted to certain customers under different conditions and at different times, according to pre-agreed criteria. Since rebate present discount on goods - it is to be declared for Intrastat, meaning the value of 970, 00 EURO should be declared for Intrastat. Example 3. Invoice for purchase / sale indicates following values: Value of goods Rebate Sconto for payment prior to delivery of goods Total for payment 1000, 00 € 30, 00 € 50, 00 € 920, 00 € As it was previously mentioned, rebate has to be declared, and sconto is not to be declared for Intrastat. Arrival / dispatch in value of 970, 00 EURO is to be reported in Intrastat report. 4. Samples and advertising materials Samples could be all goods which are used to illustrate their function or perhaps to allow potential customers to test them out prior to purchase. The sample does not have to be defaced or altered in any way to prevent it being sold on as the whole point of providing a commercial sample might be to demonstrate its functionality. Commercial samples have certain basic features which are different from the goods they represent, for example, less packaging than the one intended for sale, the label indicating a sample or a test product, delivered in the appropriate quantity sufficient for potential customers to make a decision on purchase of the product itself or the decision on business cooperation with the supplier, etc., on the basis of samples. 28 Special attention should be paid on received / dispatched amount of free samples – in the case of an appropriate amount of subject samples (an amount sufficient to make decision on the start of business cooperation, e.g. a few pieces), an arrival / dispatch of free samples is not to be reported to Intrastat. But when it comes to the amount of free samples of more than appropriate – then the arrival / dispatch is considered to be free shipment that needs to be declared for Intrastat with NoT 30. Arrival / dispatch of an appropriate amount of free commercial samples and advertising material (i.e., not to be paid) which purpose is not of a commercial transaction but preparing or supporting a subsequent trade transactions, are not to be reported to Intrastat. If the commercial samples and advertising material are to be paid, regardless of the amount, in that case are to be reported to Intrastat, NoT 11. Other free shipments are to be reported with NoT code 30. Therefore, in this case, it considers the goods which PSI gets free (transfer of ownership occurs, but without financial or other compensation). Even though the goods are free of charge, it still has its market value. If there is no document (e.g. invoice) indicating the value of goods, then the value of goods has to be estimated (estimation on a basis of the market value of goods at the moment of crossing the Croatian border) and the estimated value has to be declared for the Intrastat. Example 1: company in HR has received free commercial samples from supplier in the EU, in order to conclude future arrangements on business cooperation. Samples are physically delivered on the tractor-trailer (truck) and are found to be a quantity of 20 tons of samples. In this case, free admission of 20 tons of samples cannot be considered as an appropriate amount (recipient may decide on the continuation of business cooperation based on a smaller amount of samples) and the subject samples in this case should be declared for Intrastat report on arrival, NoT 30. Example 2: company in HR has received 6 pieces of shampoo samples, without any special label indicating it was a sample, shampoo size packaging is identical to the size that can be bought in stores, and the supplier also issued an invoice for 6 pieces of shampoo samples which has to be paid. In this case, the receipt of 6 pieces of shampoo samples has to be declared for Intrastat report on arrival, NoT 11. Example 3: the customer orders the goods concerned, ordered goods receives together with the invoice, and during the check it has been determined that a part of goods (ordered and listed on the invoice) still hasn’t delivered by supplier. In that case, the customer complains to the supplier for a lack of goods in shipment, the supplier recognized the complaint and delivered a credit note (financial approval) to the customer approving the deduction of payment by the respective invoice for the part of missing goods. Supplier subsequently delivered the goods to the customer in HR (a part of which previously forgot to deliver), but without payment. This can be interpreted to the effect that the supplier has admitted his mistake, but with aim to maintain good relations with customer he has delivered goods free of charge – in that case, it considers the free shipment which has to be declared for Intrastat with NoT 30. 5. Newspapers and periodicals under subscription The movement of goods such as newspapers and periodicals from one Member State to another is in the scope of the Intrastat. If it involves deliveries on the basis of direct subscriptions, it is considered as a trade in services and should be excluded from the statistics on trade in goods. It is necessary to distinguish between terms “seller” and “subscriber”. “Seller” is a company that sells newspapers and magazines to customers, and issues invoices for the respective purchase / sale 29 transaction and reports the dispatch of newspapers and magazines to the EU for Intrastat. “Subscriber” is a customer – a legal or natural person who has evidence to subscribe (annual, monthly, quarterly etc.) in the delivery of newspapers / magazines and is not reporting to the Intrastat, considering that it is a direct subscription. Example 1: PSI (seller) dispatches newspapers and magazines on a monthly basis in other MSs to the EU customers and subscribers (both companies and natural persons and non-profit organizations) and issues invoices for the respective deliveries – the total monthly amount and value of goods dispatched to other MSs are to be reported to Intrastat, NoT 11. Example 2: PSI from HR has subscription (subscriber) on an annual reception of journal from the EU. The magazine has been delivered by mail or electronically – considering it is a direct subscription, there is no reporting to Intrastat. Remainder represents the unsold copies of newspapers. PSI gets the information on remainder after a certain time (e.g. two months). Upon receiving information about the remainder that will not be returned to the sender, but remains with the customer (e.g. customer will destroy the remainder or otherwise dispose) – a substitute form has to be submitted to Intrastat by which the nature of transaction will be corrected in a way that that from one item (e.g. newspaper) two items of the same goods (newspapers) will come: For the amount of sold / purchased goods – based on the invoice NoT 11 shall be declared For the amount of remainder that will not be returned to sender – NoT 30 shall be declared 6. Distance sales Distance selling means that a supplier sells goods to private individuals or customers established in 2 another Member State who do not apply VAT to their intra-EU acquisitions of goods . A typical example is mail order companies, phone, tele-sales or physical goods ordered over the Internet. As a general rule, the supply of goods by taxable persons to private individuals within distance sales arrangements should be reported in INTRASTAT following standard rules: according to Article 2(a), 2(d) and Article 3 of Regulation (EC) No 638/2004, physical movement of goods from one Member State (dispatches) to Croatia (arrivals) has to be declared in INTRASTAT system of both Member States. However, the distance sale should be distinguished from the arrangements which look like distance sale but are not. To know the difference between these two transactions the PSIs should understand the procedure of declaring such transactions in Croatian fiscal (tax) forms. The distance sale from VAT point of view implies that goods are directly transported from the Member State other than Member State of destination, i.e. the Member State where the goods will be released for consumption. Each Member State has established thresholds in its national currency, which define when a trader, residing in a Member State of the EU, needs to be registered for VAT purposes in the Member State of destination of goods: If the trader does not exceed the threshold in the Member States of destination, he is not obliged to register as VAT payer in that Member State. In this case, the place of supply remains in the Member State of origin (where the transport operation begins). In practice it means that the trader will charge 2 Article 33(1)(a) of Council Directive No 2006/112/EC: The supply of goods is carried out for a taxable person, or a non-taxable legal person, whose intra-Community acquisitions of goods are not subject to VAT pursuant to Article 3(1) or for any other nontaxable person. 30 the foreign customer (natural or legal person, which is not tax payer in the Member State of 3 destination) his national VAT rate . - In this case there is no INTRASTAT arrival declaration in the Member State of destination! When the annual value of goods supplied to the customers in another Member State exceeds the distance sales threshold, the trader is obliged to register for VAT in that Member State. In this case, the place of supply is considered to be the Member State of destination (where transport ends). In practice it means that the trader (supplier of goods) will charge his customer (natural or legal person, which is not tax payer in the Member State of destination) local VAT rate. - In this case the trader (supplier of the goods), registered for VAT in both Member States, if exceeded the INTRASTAT exemption threshold in both Member States, is obliged to declare INTRASTAT dispatches in the dispatching Member State and also INTRASTAT arrivals in the acquiring Member State. Distance sale customers (private individuals or customers established in Member States of destination who do not apply VAT to their intra-EU acquisitions of goods) are not obliged to report in INTRASTAT systems. The following example provides simple understanding of transaction which looks like distance sale but is not: Private individual A from Croatia is buying goods from the Dutch seller B via the Internet, which is tax payer in NL. The Dutch company B operates a distribution centre in Croatia and has HR ID number. The goods are delivered goods from Netherlands to distribution centre in Croatia and, later on, from a distribution centre in Croatia to customer A postal address in Croatia. A supply to a private individual occurring after the goods were stored in a distribution centre placed in the Member State of destination (Croatia) cannot be considered as distance sale. In this case two distinct transactions have to be identified: - first, a displacement of its own goods (owned by Dutch supplier B) from NL to a warehouse in HR, which are subject to the standard fiscal rules of intra-EU supply of goods, - second is national transaction in the Member State of consumption (national transaction in Croatia). Considering that the seller B declares a displacement of goods in tax forms, is also obliged to declare an arrival of goods to the distribution centre for HR Intrastat (if exceeded the INTRASTAT exemption threshold in Croatia). 7. Software and licences Data to be reported to Intrastat: If it involves a delivery of PC equipped with software and a licence, in that case the total value of the hardware, software and licence must be declared under the commodity code for hardware. Example 1: purchase of PC equipped with software and licence. For dispatches and arrivals of standard finished software on CD or some other carrier of information, reporting for Intrastat is carried out under the CN code for the carrier of information, whereas the value of the licence is expressed in the price of the whole product. Example 2: arrival of programme package “Windows 10”. 3 The only exception to this rule is the supply of goods subject to excise duty: although the distance sales value does not reach the threshold, the place of supply shall always be the Member State of destination of goods. 31 Upgrading (updating) of standard software, if upgrading has been delivered on physical carrier (e.g. CD, USB etc.) – to be reported for Intrastat under the CN code for the carrier of information. - In cases when the price for the upgrading delivery has already been included in invoice for the original purchase of software and new invoice hasn’t been issued – not to be reported to Intrastat. The electronic dispatch and arrival of software, software downloaded from the Internet or sending it via e-mail is not reported. Data not to be reported to Intrastat: A dispatch of customized software that is developed for a particular client, dispatches and arrivals are not to be reported to Intrastat. Example 3: SE programming company has delivered software to HR, developed for a particular client. The electronic dispatch and arrival of software downloaded from the Internet. Example 4: additional licences, paid for using of software that has already been delivered – licences are regarded as a service and are not to be declared for Intrastat. Example 5: software delivered by e-mail. Upgrading (updating) of standard software, if upgrading has been delivered via Internet – not to be reported to Intrastat. NO Is software delivered on a physical carrier? SERVICES – no reporting to Intrastat YES CD, DVD, USB, hardware,etc. YES Is software customized for a particular client? SERVICES – no reporting to Intrastat NO Is licence delivered together with software? NO GOODS - to be reported to Intrastat Licence fee exluded form the IV and SV of goods in Intrasat reporting YES Licence fee included in the IV and SV of goods in Intrasat reporting Figure 1: Decision tree on software 32 8. Goods for or following temporary use Goods for temporary use entered Croatia (e.g. for fairs, exhibitions, etc.), with the intention of returning to the Member State or country of dispatch without having undergone any change, except normal depreciation due to their use, is excluded from the INTRASTAT reporting if the following conditions are met: - No processing is or was planned or carried out, - The expected duration of temporary use was or is not intended to be longer than two years - The dispatch / arrival has not to be declared as supply / acquisition for VAT purposes; So, if the subject goods have the EU status and all three conditions for movement of goods are met, the goods are not to be included in intra-EU trade statistics. 9. Packaging If packaging is traded as an ordinary good, that transaction is reported to Intrastat. If the packaging is treated as an integral part of the product traded, no reporting is required. In the same way, in the event when packaging is expected to be returned to the consignor, it is considered as a temporary delivery and is not reported to Intrastat. Empty bottles which are temporarily imported or exported with the aim to be filled with particular goods should be excluded from Intrastat as commodities for the temporary import or export. 10. The sale / purchase with the intermediation of an agent (intermediary) The intermediary (agent) is a company or person who performs foreign trade operations on behalf and for the account of the principal. The intermediary’s role is to link the principal with a customer or seller without direct intervention in concluding an activity and to charge a commission for completion of the activity. Company A in Hungary sells goods to company C in Croatia. The sale of goods is carried out through intermediary B. Intermediary B contacts the seller, company A and customer C. Company A issues an invoice directly to company C. Upon completion of the activity, company A pays a commission to company B. The flow of goods between companies A and C is reported. Company A reports the dispatch of goods to Croatia. Company C reports the arrival of goods from Hungary. The value of goods does not include the commission intended to company B. 11. Delivery of goods with the intermediation of a commission agent The commission agent is a company or a person who performs foreign trade operations on his behalf but for the account of the principal. Three parties are involved in the transaction: the seller, commission agent and customer. There is an invoice between the seller of goods and the commission agent and between the commission agent and the customer of the goods. 33 The commission agent, company B, intermediates in the sale of goods between company A in Hungary and company C in Croatia. Company A issues an invoice to the commission agent company B. The commission agent issues an invoice for the goods to company C. Company A dispatches the goods directly to company C or sends them first to the commission agent and after that to company C. If the commission agent is located in Hungary, he must report the dispatch of goods to Croatia. The value of the goods does not include the provision. In case when the commission agent is located in Croatia, he must report the arrival of the goods from Hungary. The value of goods includes a commission. The goods are reported using transaction code 1 in the first sub-field and 2 in the second sub-field. 12. Consignment In case of dispatch of goods from other MS of the EU to a consignment warehouse in HR, without a change of ownership, but with the purpose of a subsequent sale to a customer in HR or in other MS, by the foreign business entity (owner of the goods) which is registered for the VAT purposes both in Croatia and country of consignment, the transaction is to be reported to Intrastat with NoT 99. Foreign business entity (non-resident) with HR ID number is reporting to Intrastat. If the goods is sold in HR, that transaction is considered as a domestic transaction and is not to be reported to Intrastat. If the goods intended to a particular customer and the foreign business has no HR ID number, an arrival is to be reported by the customer (NoT 11). In case of dispatch of goods from other MS of the EU to a consignment warehouse in HR, without a change of ownership, but with the purpose of subsequent sale to a customer exclusively in HR, by the foreign business entity (owner of the goods) which is registered for the VAT purposes both in Croatia and country of consignment, the transaction is to be reported to Intrastat with NoT 19. Foreign business entity (non-resident) with HR ID number is reporting to Intrastat. If the goods is sold in HR, that transaction is considered as a domestic transaction and is not to be reported to Intrastat. If the business entity (owner of the goods) is not registered in the country to which it dispatches the goods to a consignment warehouse without a change of ownership, but with the purpose of a subsequent sale to one customer, that transaction is reported for Intrastat with NoT 12. Arrival / dispatch is reported by the owner of the warehouse. In this case the whole amount of the goods received / dispatched to a warehouse from other MS is to be reported ( not only the subsequently invoiced goods), considering that the Intrastat survey is recording foreign trade in goods between MSs of the EU at the moment of actual arrival to the warehouse or dispatch from the warehouse. The flow of goods is essential, and not the flow of transaction or subsequent sales. In the event when owner of the warehouse receives the goods from the foreign supplier on its own name and account, it considers the classic purchase / sale transaction wherein the owner of the warehouse is reporting an arrival of the goods with NoT 11. Thus, in this case the transfer of ownership occurs immediately and an arrival / dispatch of goods with NoT 11 is to be reported. In the event that the goods are returned due to an unsuccessful sale, the return of the goods is reported for Intrastat with NoT 21 and the same value as reported upon arrival. 13. Supply and assembly of goods Supply and assembly of goods comprises supply of both goods and services. The value to be declared for intra-EU trade statistics should cover only the value of the goods. Whenever possible, the value of the goods as part of an invoice which does not show the value of the goods and their assembly separately should be estimated (value achieved in the case of a sale on an open market). 34 Operational and financial leasing Operational leasing Goods under operational leasing are excluded from Intrastat reporting when their duration was planning to last less than two years. Goods under operational leasing must be included when the contract covers a period exceeding two years. Arrivals and dispatches are reported under transaction code 9 (first sub-field) and 1 (second sub-field) in the field 14 on the Intrastat form. The reference period is the month when the goods arrive or are dispatched (at the commencement of the contract) or the month in which it is obvious that the goods will stay for more than two years. The value of goods that was originally intended for return within two years, and was not returned in that period, is estimated at the time when the goods are reported for Intrastat. Considering using of goods it allows the depreciation or any other factor that might affect the value, so the value of the goods is the market value (i.e. price the goods might fetch on the open market with the passing of a two-year period) in the reporting period. If the lessor, upon expiration of the operational leasing transfers the right of ownership to the lessee, who buys purchases off the goods (reference period is the month in which a transfer of ownership rights occurred) - the (estimated) market value of the goods at the moment of the transfer of ownership onto the lessee is reported. Financial leasing Financial leasing is reported for Intrastat. Financial leasing is a transaction in which three parties are included: the goods supplier (supplier), the goods receiver (lessee) and the payer of the goods costs (lessor). Direct leasing exists when the supplier and lessor are the same entity. Indirect leasing exists when the leasing company (lessor) purchases the goods from the manufacturer or supplier and subsequently leases the goods to the lessee. When the lessor and lessee are located in the same Member State, and the goods supplier in another Member State, the supplier reports the dispatch of goods, the lessor however the arrival of the goods. If the goods supplier and lessor are in the same Member State, the lessee in another Member State, the dispatch of goods is reported by the goods lessor, whereas the lessee reports the arrival of goods. The total value of goods (value of all paid instalments and residual value of goods) is reported, transaction code 1 first sub-field and 4 second sub-field. The reference period is the month in which the goods are received or dispatched (ordinarily the month when the leasing/hire-purchase contract has been concluded). Example 1: PSI from HR purchased a machine from BE supplier. Payment of the machine is performed via leasing company from Croatia (leasing company financed the purchase of the machine). Account of the Belgian supplier reads on the leasing company, and the place of delivery is the warehouse of the PSI in Croatia. In this example, the supplier of goods is the company from Belgium, the lessor's leasing company from Croatia, and the lessee is the PSI from HR. Considering that the lessor (leasing company) and the lessee (PSI) are in the same Member State (i.e. in HR) - the arrival of the goods will be reported by the lessor (leasing company) to Intrastat. 35 Processing and repair It is necessary to differentiate between processing and repairs. Processing covers operations (transformation, construction, assembly enhancement, renovation, modification, conversion) with the objective of producing a new or a significantly improved item. This does not necessarily involve a change in the product classification. Here are some examples of processing: assembling / renewing goods following transport; preservation (e.g. addition of preservatives); treatment (e.g. against parasites and rust); mixing products of various qualities for the purpose of manufacturing a product with new quality; bottling liquids (e.g. wine from barrels); transforming textiles into a product (e.g. clothing, handbags, curtains); diluting or concentrating liquids (e.g. juices). A repair means the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order; this may involve some rebuilding, replacement or enhancements but does not change the nature of the goods in any way. The delivery of goods for or following processing under contract is reported for Intrastat. The delivery of goods for or following repairs is not reported for Intrastat. In practice, except for cases where there is processing under contract concluded between ordering party and processor, there are also transactions to be reported to INTRASTAT in the same way as processing activities (e.g., contract on manufacturing of finished product). Such transactions are also considered processing activities. Example 1: A buyer of products from Germany and manufacturer B from Croatia have entered into sales contract, by which the manufacturer B (HR) pledged to make the finished product according to the customer's wishes A (Germany). During the manufacture of the finished product, manufacturer B (HR) had to get some parts that the customer A (Germany) can obtain at a better price of its partners C (Slovenia). According to the agreement, customer A (Germany) ordered partner C (Slovenia) to dispatch the respective parts to manufacturer B in Croatia. - So, received parts from Slovenia are not to be "processed", but will be incorporated into the finished product. - This transaction is to be declared in the INTRASTAT report in the same way as the transactions on processing under contract (more on how to declare the processing in text below). So, although it is not considered as processing under contract, it is a transaction that is considered to be a processing. A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order; this may involve some rebuilding, replacement or enhancements but does not change the nature of the goods in any way. Goods sent for and returned after repair are considered to be faulty goods which are sent to repairer in order to restore its original function. 36 Associated replacement parts are goods which are integrated in a repaired commodity as part of the repair, used by repairer in order to repair faulty goods. A repairer may also send damaged parts being replaced together with repaired goods. These parts / goods are excluded from reporting. This is also the case if an invoice is issued separately for the part(s). However, goods which move in order to be used as spare or replacement parts should be reported. The delivery of goods sent for and returned after repair is not reported to INTRASTAT. Nature of transaction, IV and SV for transactions "Processing under contract” Community goods dispatched and received for processing is monitored under the following nature of transaction codes’: Nature of transaction code 41 - procedures with a view to processing (adaptation) under contract (no transfer of ownership to the processor), goods expected to return to the initial Member State of dispatch / country of export. Nature of transaction code 42 - procedures with a view to processing (adaptation) under contract (no transfer of ownership to the processor), goods not expected to return to the initial Member State of dispatch / country of export. IV = market value of the goods received for processing (If there is no data on the value - IV is necessary to estimate). SV = value of the goods on the Croatian border, calculated from IV depending on delivery terms (Incoterms 2010). Goods dispatched or received following processing is monitored under the following nature of transaction codes’: Nature of transaction code 51 - procedures after processing (adaptation) under contract (no transfer of ownership of the processor), where the goods are returned to the initial Member State of dispatch / country of export. Nature of transaction code 52 - procedures after processing (adaptation) under contract (no transfer of ownership to the processor), where the goods are not returned to the initial Member State of dispatch / country of export. IV = gross value (the market value of the goods received for a procedure considered to be processing + value of service + value of additionally spent materials and parts). SV = value of the goods on the Croatian border, calculated from IV depending on delivery terms (Incoterms 2010). The following two conditions must be taken into account when using transaction codes 4 and 5: 1. No transfer of ownership (now or later) - If there is a transfer of ownership, then the nature of transaction code 1 is to be used. 37 2. Always there must be an internal movement that follows a later external movement of goods in a Member State and vice versa. In other words, goods which are sent for processing must be returned to the country of dispatch or in another country following processing. Note! Processing of goods under joint defence projects or other joint intergovernmental production programs is to be recorded with nature of transaction code 7 (first subfield) and 0 (second subfield), so nature of transaction 70. Nature of transaction, IV and SV for "Transactions considered to be processing" When the value of material provided by the ordering party without transfer of ownership is significant, then the transaction should be treated as processing under contract. When the value of material provided by the ordering party without transfer of ownership is negligible, then the transaction should be treated as processing activities on a processor’s own account. Arrival / dispatch of negligible value to the procedure that is considered to be processing with NoT 99. IV = the market value of the goods received for a procedure considered to be processing (If there is no data on the value - IV is necessary to estimate). SV = value of the goods on the Croatian border, is calculated from IV depending on delivery terms (Incoterms 2010). Dispatch of final product to the customer (ordering party) following the procedure, which is considered to be processing - for INTRASTAT is reported with NoT 11 (direct purchase / sale). IV = gross value (the market value of the goods received for a procedure considered to be processing + value of service + value of additionally spent materials and parts). SV = value of the goods on the Croatian border, is calculated from IV depending on delivery terms (Incoterms 2010). 38 EXAMPLES OF CASES OF PROCESSING I. A simplified processing activities - includes only two business entities Company A1 in Croatia sends the goods for processing to company B1 in Hungary. After the processing, company B1 returns the processed goods to company A1. Processing is carried out for the account of company A1. Company A1 reports dispatch of goods for processing to Hungary using transaction code 41, and the arrival of goods following processing from Hungary using transaction code 51 (invoice value = gross value). Company B1 reports arrival of goods for processing from Croatia using transaction code 41, and the dispatch of goods following processing to Croatia using transaction code 51 (invoice value = gross value). II. Processing activities in which a number of business entities are involved A) Goods are returned to the country from which they were originally dispatched for processing 39 1) Company A1 in Croatia sends the goods for processing to Hungary to company B1. Following processing, company B1 returns the processed goods to company A2 in Croatia. Processing is carried out for the account of company A1. Company A1 reports dispatch of goods for processing to Hungary using transaction code 41, and the arrival of goods following processing from Hungary using transaction code 51 (invoice value = gross value). Company B1 reports arrival of goods for processing from Croatia using transaction code 41, and the dispatch of goods following processing to Croatia using transaction code 51 (invoice value = gross value). Company A2 does not report for Intrastat (national transaction between A1 and A2). 2) Company A1 in Croatia sends the goods for processing to Hungary to company B1, which subsequently sends them for further processing to company B2 in Hungary. Following processing, company B2 returns the processed goods to company A1 in Croatia. B1 and B2 charge company A1 for the service. Company A1 reports dispatch of goods for processing to Hungary using transaction code 41, and the arrival of goods following 40 processing from Hungary using transaction code 51 (invoice value = gross value). Company B1 reports arrival of goods for processing from Croatia using transaction code 41, whereas company B2 dispatch of goods following processing to Croatia (gross value), transaction code 51. 3) Company A1 in Croatia sends the goods for processing to Hungary to company B1, which subsequently sends them for further processing to company B2 in Hungary. Company B2 is the sub-contractor of company B1 and conducts the processing activities for the account of company B1. Following processing, company B2 returns the processed goods to company A1 in Croatia. Company A1 reports dispatch of goods for processing to Hungary using transaction code 41, and the arrival of goods following processing from Hungary using transaction code 51 (invoice value = gross value). Company B1 reports arrival of goods for processing from Croatia using transaction code 41, and the dispatch of goods following processing to Croatia using transaction code 51. Company B2 does not report for Intrastat (national transaction between B1 and B2). B) Goods are not returned to the country from where they were originally dispatched for processing 1) Processing is carried out for the account of the seller 1.1) Company A1 in Croatia sells the goods to company C1 in Germany. Company A1 dispatches the goods for processing to company B1 in Italy, which carries out the processing for the account of company A1. Following processing, company B1 dispatches the goods to the customer, company C1 in Germany. 41 Company A1 reports the dispatch to Italy using transaction code 42 (value of goods before processing). Company B1 reports the arrival of goods for processing from Croatia using transaction code 42 (statistical value = value of goods before processing) and the dispatch of goods following processing to Germany, using transaction code 52 (invoice value = gross value). Company C1 reports the arrival of goods from Italy, the gross value using transaction code 11 - transfer of ownership with compensation. 1.2) Company A1 in Croatia sells the goods to company B in Hungary. Company A1 dispatches the goods for processing to company A2 in Croatia, which performs the processing for the account of company A1. Following processing, company A2 dispatches the goods to customer, company B in Hungary. Company A2 charges company A1 costs for processing. Company A1 reports the dispatch of goods to Hungary using transaction code 11. The value of goods is the value company A1 charges company B. Company B reports the arrival of goods from Croatia using transaction code 11. The value of goods is the value charged by A1. Company A2 does not report for Intrastat. 1.3) Company A1 in Croatia sells the goods to company B2 in Hungary. Company A1 dispatches the goods for processing to company B1 in Hungary, which processes the goods for the account of company A1. Following processing, company B1 dispatches the goods to the customer, company B2 in Hungary. Company A1 has a tax representative in Hungary (company A1*). Company A1 reports the dispatch of goods to Hungary, using transaction code 11. Company A1* reports the arrival of goods from Croatia, the net value, the value of goods before processing using transaction code 11. Companies B1 and B2 in Hungary do not report for Intrastat. 42 2) Processing is carried out for the account of the customer 2.1) Company C1 in Croatia purchases the goods from company A1 in Germany. Company C1 requests company A1 to send the goods for processing to company B1 in Hungary. Company B1 performs the processing of the goods for the account of company C1. Following processing, company B1 dispatches the goods to the customer, company C1 in Croatia. Company A1 reports the dispatch of goods to Hungary, the value before processing using transaction code 11. Company B1 reports the arrival of goods for processing from Germany, transaction code 42 (value of goods before processing) and dispatch of goods following processing to Croatia, using transaction code 52, the gross value of goods following processing. Company C1 reports the arrival of goods from Hungary, the gross value, using transaction code 11. 2.2) Company B1 in Croatia purchases the goods from company A1 in Hungary. The company B1 requests company A1 to send the goods for processing to company A2 in Hungary, for the account of company B1. Following processing, company A2 dispatches the goods to the customer, company B1 in Croatia. Company A2 reports the dispatch of goods to Croatia, the gross value using transaction code 11. 43 Company B1 reports the arrival of goods from Hungary, the gross value using transaction code 11. Company A1 does not report for Intrastat. 2.3) Company B2 in Croatia purchases the goods from the company A in Hungary. Company B2 requests company A to dispatch the goods for processing to company B1 in Croatia, which performs the processing for the account of company B2. Following processing, company B1 sends the goods to the customer, company B2 in Croatia. Company B1 charges company B2 for processing costs. CROATIA HUNGARY B2 A B1 Company A reports the dispatch of goods to Croatia, the value of goods before processing with NoT 11. Company B2 reports the arrival of goods from Hungary the value of goods before processing with NoT 11. Processing activity in this case is considered to be a domestic business transaction occurred after crossing the Croatian border and is not to be reported to Intrastat. Company B1 in Croatia does not report for Intrastat. Non-residents For Intrastat, non-resident is a PSI (legal person or craftsman) without a permanent or habitual residence in the Republic of Croatia registered for VAT at Tax Administration. Simplified, nonresident is a foreigner (legal person or craftsman) with HR ID number. Non-residents (as well as residents) become liable to report for Intrastat in the Republic of Croatia on the basis of a data from the tax return, at the moment of exceeding the annual exemption threshold. Example 1: Classic purchase / sale transaction of non-resident AT company X with HR ID number purchases the goods from the DE supplier Y. The goods have been dispatched from DE to HR. DE supplier Y has issued the invoice with clearly specified HR ID number of AT customer X: VAT ID number of DE seller Y: DExxxx VAT ID number of AT customer X: HRxxxxxxxxxxx 44 Reporting for Intrastat: It considers a classic purchase / sale transaction between two business entities. AT company X with HR ID number (non-resident), if liable to report for Intrastat in Croatia, reports arrival from DE with NoT 11. Example 2: Displacement of goods owned by a non-resident Austrian company A, who also has HR ID number, a part of its own stock from AT has physically displaced to its warehouse in HR. Considering no change of ownership over goods (the goods are owned by AT company a whole time) and no purchase / sale transaction, there is no invoice for the subject goods. Reporting for Intrastat: Austrian company A with HR ID number (non-resident), if liable to report for Intrastat, declares arrival from AT with NoT 99. Example 3: Transfer of tax liability from non-resident to resident according to Article 75, par 2 of VAT Act German company A purchases the goods from the supplier B from BE, and after (re)sell the same goods to the customer C in HR. DE company A is registered in HR for VAT purposes (non-resident). The goods are physically delivered from BE directly to HR at address of the customer C. BE company B issues invoice to DE company A (according to the provision of VAT Directive 2006/112/EC on the common system of value added tax). DE company A issues an invoice to HR customer C (according to the provisions of Article 75 par 2 of VAT Act). BELGIUM Supplier B CROATIA Invoice Company A – non-resident Invoice Goods Company A – possess DE ID number (residence country) and HR ID number (non-resident) Final customer C Reporting for Intrastat: BE company B will report dispatch of goods for the BE Intrastat. Non-resident A (DE company with HR ID number) reports arrival of the goods in HR from BE (NoT 11 if HR ID number is listed on the invoice of BE seller, respectively NoT 99 if DE ID number is listed on the invoice of BE seller meaning DE company has displacement of its own goods to HR). Final customer C at whose address the goods have physically arrived from BE is not reporting for Intrastat. Why is the application of Art. 75 para. 2 of the VAT Act important for Intrastat? Because the non-resident to become liable for Intrastat in Croatia, in addition to ID number issued in the residence country must have a VAT number issued in Croatia. Therefore, any account in which the seller calls the Art. 75 para. 2 of the VAT Act implies that the seller is at the same time VAT registered entity in Croatia – so, non-resident, and as non-resident is able to report the arrival of goods to HR in INTRASTAT. 45 Example 4: Non-residents and processing I. Company X from the MS A (AT) has sent the goods of value EUR 400 to a company Y in a MS B (HR) for processing. Company X is the owner of the goods (no transfer of ownership). Company Y will receive EUR 50 for a processing service. Company X with residence in Austria (AT ID number) is also registered in HR for VAT purposes, which also means having a HR ID number. Company X will sell the final product (processed product) to a company Z in MS C (HU) of value EUR 500. The final processed product will be physically delivered directly from the MS B – HR (address of company Y) to a MS C – HU (at the address of the company Z). Reporting for Intrastat: Non-resident X (AT company with HR ID number) reports arrival of the goods from AT to HR, NoT 42. Non-resident X (AT company with HR ID number) also reports dispatch of goods from HR to HU, NoT 52, according to gross value (the reported value comprises also the trade margin of company X). Company Y (HR resident) would report arrival and dispatch for Intrastat only in case when company X (AT company) wouldn’t have HR ID number. Example 5: Non-residents and processing II. Company X from the MS A (AT) has sent the goods of value EUR 400 to a company Y in a MS B (HR, Zagreb) for processing. Company X is the owner of the goods (no transfer of ownership). Company Y will receive EUR 50 for a processing service. Company X with residence in Austria (AT ID number) is also registered in HR for VAT purposes, which also means having a HR ID number. Company X will sell the final product (processed product) to a company Z in MS B (HR, Split) of value EUR 500. The final processed product will be physically delivered directly from Zagreb to Split, within the territory of Croatia. 46 Reporting for Intrastat: Non-resident X (AT company with HR ID number) reports arrival of the goods from AT to HR, NoT 42. Company Y (HR resident) would report arrival and dispatch for Intrastat only in case when company X (AT company) wouldn’t have HR ID number. The dispatch of goods from Zagreb to Split is not to be reported, since crossing the border didn’t occur, therefore it is not to be reported to Intrastat. Example 6: Non-residents and processing III. Company X from the MS A (AT) has sent the goods of value EUR 400 to a company Y in a MS B (HR) for processing. Company X is the owner of the goods (no transfer of ownership). Company Y will receive EUR 50 for a processing service. Company X with residence in Austria (AT ID number) is also registered in HR for VAT purposes, which also means having a HR ID number. Company X will sell the final product (processed product) to a company Z in MS A (Austria, Graz) of value EUR 500. The final processed product will be physically delivered directly from HR to AT, at the address of the customer in Graz). 47 Reporting for Intrastat: Non-resident X (AT company with HR ID number) reports arrival of the goods from AT to HR, NoT 42. Non-resident X (AT company with HR ID number) reports dispatch of the goods from HR to HU, NoT 51, according to gross value. Company Y (HR resident) would report arrival and dispatch for Intrastat only in case when company X (AT company) wouldn’t have HR ID number. Company Z in Austria (Graz) report arrival from HR. 48 Specific goods and specific movements of goods Specific movements of goods are deliveries of goods which on account of their nature call for specific methodological provisions. The characteristics may relate to the characteristics of the delivery, the type of goods, the nature of transactions or the business entities trading in the goods. 1. Industrial plants The industrial plant is a combination of machines, appliances, apparatus, equipment, instruments and materials from various CN chapters which together make up large-scale, stationary units producing goods (e.g. petroleum refineries, power stations) or providing services (e.g. hospitals) and act as a coordinated entity. SIMPLIFIED REPORTING If components, intended for the construction of an industrial plant, make products which are classified in the same chapter of the Combined Nomenclature - PSIs may request an approval for simplified reporting. For simplified reporting statistics on trade in goods between Member States covers only dispatches and arrivals of the component parts, which are utilized for the construction of new industrial plants or for industrial plants for re-use. The component parts comprise products from the same CN chapter, and are intended for the construction of industrial plants. In particular cases, when the total statistical value of the new industrial plant exceeds the value of 3 million euros, it is possible to apply simplified reporting on arrivals and dispatches with the previous approval of the CBS, in accordance with the provisions of Intrastat legislation. If it involves a complete industrial plant for reuse, no such limit value is applied. Request for approval of a simplified reporting is to be submitted by one of the following: Mail at address: Croatian Bureau of Statistics Ilica 3 10 000 Zagreb E-mail at: [email protected] or fax: (01) 4806 281 Request must comprise following: - Data on PSI (name, address and ID number) Flow arrival / dispatch Trade name of the goods (plant) Arranged value of work: value according to the contract 49 - - List of goods included in the same chapter of the CN with listed value and quantity Partner country (country with which the contract was concluded and the country / countries from / to which the goods were dispatched, description and name of the industrial plant, CN code Delivery period: from <date> till <date> No of contract Details if partner in a country of dispatch is using the simplified reporting The aim of this simplification is to reduce the burden for the PSIs since the PSI can declare its trade for each component part using one product code from chapter 98, instead of using a number of different product codes from different sub-titles in the CN chapter. The commodity code is assigned as follows: – – – The first four digits are 9880. The fifth and the sixth digit indicate the chapter of the CN to which the component parts belong (XX). The seventh and the eighth digits are 0. The quantity in supplementary unit is not recorded but only the net mass. Reporting period is the month in which the goods enter or leave the territory of the Republic of Croatia. If some components are delivered as staggered consignments they only have to be reported once in a month when the last consignment was received or dispatched. If the reporting unit does not submit a request for approval of a simplified reporting, it is required each component of industrial plant to be classified in the corresponding code of the Combined Nomenclature. 2. Staggered consignments Staggered consignments means the delivery of component parts of the entire product in an unassembled or disassembled state, which are, due to commercial or transport-related reasons, shipped during a number of reference periods. So, when it considers successive consignments, the basic requirement is the classification of the goods (e.g. the whole line of the plant) in one CN code (one item of goods to INTRASTAT report). Considering that in such cases the goods from one CN codes are supplied through more reporting periods, e.g. through several months (due to transportation or commercial reasons) - Intrastat methodology allows PSIs to declare the goods in the INTRASTAT report in the month of the last delivery. The reporting period for arrivals or dispatches of staggered consignments is expressed by reporting data only once, in the month when the last consignment was received or dispatched. The total value of all consignments is reported, and in field 10 (commodity code), the CN code of the assembled product is entered. 50 3. Vessels and aircraft The definition of 'vessel' refers to those vessels considered as seagoing according to CN Chapter 89, tugs, warships and floating structures. Possible CN codes are: 8901 10 10, 8901 20 10, 8901 30 10, 8901 9010, 8902 00 10, 8903 91 10, 8903 92 10, 8904 00 10, 8904 00 91, 8905 10 10, 8905 20 00, 8905 90 10, 8906 10 00, 8906 90 10. Trade in non-seagoing vessels, on the contrary, falls under the standard rules for compiling trade in goods statistics. Aircraft includes aeroplanes within CN code 8802 30 and 8802 40; the other vehicles of CN Chapter 88 except 8802 60 10 are subject to standard rules. Economic ownership The economic owner of a vessel/aircraft is a taxable person who claims the benefits associated with the use of a vessel or aircraft in an economic activity and therefore the person who accepts also the associated risks. The economic owner may be the same as the legal owner, but he may also differ. For Intrastat reporting it is essential to occur the transfer of ownership over the goods. If there is no transfer of ownership, but only legal ownership over the vessel – no reporting for Intrastat. Registered transfer of ownership: PSI in HR that provides statistical data has to change its ownership status (or of financial leasing) in State Register of Shipping (public foundation Croatian Register of Shipping, performing activity in accordance with the Law on Croatian Register of Shipping (NN No. 81/96, amended by NN No. 76/13) – contact at http://crs.hr/. The structural change of ownership: the economic ownership over vessels should be unambiguously transferred from one MS to another as a result of a trade transaction. It can serve as proof of the ship / aircraft when there is a transfer to another Member State for example, majority ownership, the headquarters, the decisionmaking or the legal responsibility. When the transfer of ownership of the entire ship or aircraft has been made between two parties established in different MSs, removal from the state register in the country that sells property means reporting on dispatch for Intrastat, and entry in register of a country that purchases the property means reporting on arrival for Intrastat. In the case where no transfer of ownership occurs, but an owner deletes a vessel or aircraft from a country's register and entered it in the register of another country for another reasons (e.g. fiscal ones), it is considered not to be statistical movement of a vessel or aircraft and there is no reporting for Intrastat. So, in the case the PSI has sold / purchased vessel or aircraft, the change of economic ownership is essential for Intrastat. Foreign trade of vessels and aircraft within the EU does not involve the physical cross-border movement of the goods. Trade transaction that is to be recorded is related to the change of the economic ownership and activities of data processing. 51 The reporting period for arrivals and dispatches is the month when the transfer of economic ownership took place. For vessels and aircraft, the quantity must be expressed in net mass and supplementary unit as defined in the CN. The statistical value is the total amount, which is to be invoiced transport and insurance costs are excluded - in the event of a sale or purchase of the whole vessel or aircraft. Invoice and statistical value is to be entered without the amount of taxes. Partner countries should be: - - Member State in which the VAT-registered entity has been established and who transfers economic ownership of the vessel or aircraft, upon arrival, or the VAT-registered entity to whom economic ownership of the vessel or aircraft is transferred, upon dispatch; Member State of production, upon arrival in the case of new vessels or aircrafts; Member State in which the VAT-registered entity has been established and who is the economic owner of the vessel or aircraft, upon arrival, or the Member State, which carries out the processing under contract, upon dispatch, in the cases of processing. 4. Goods delivered to vessels and aircraft Delivery of goods to vessels and aircraft covers the delivery of durable and consumable goods from HR to vessel or aircraft which belongs to another MS, provided that such a vessel / aircraft is located in the port in the territory of the Republic of Croatia. Delivery of consumable goods on vessels and aircraft, such as food, technical articles, paint, oil, spare parts, etc. also referred to as “supply to vessels and aircraft”. For goods intended for supply vessels / aircraft registered outside and within the EU, an export customs declaration shall be lodged at competent customs office in HR. CUSTOMS TREATMENT Although there is no export of goods (because it considers the EU Member States), in accordance with the customs legislation of the Union, the export customs declaration is lodged for products which are, according to national legal basis, VAT exempted. The final destination of vessel / aircraft can be in territory of the EU or outside it. According to the Instructions on the Aircraft and Ship Supplies Procedures No. 27/2016 (Customs Administration, Class: 011-02/ 16-03/27 Reg.No.: 513-02-1220/1-16-1 of 28 April 2016) – it is possible to lodge a verbal customs declaration if the value of goods does not exceed 1 000 euro or 1 000 kg net weight. Verbal declaration may not be lodged for excise products (tobacco products, alcohol and alcoholic beverages). 52 According to the Instructions on the Aircraft and Ship Supplies Procedures No. 27/2016 (Customs Administration, Class: 011-02/ 16-03/27 Reg.No.: 513-02-1220/1-16-1 of 28 April 2016) – fuelling the standard tank of vessels and aircraft does not acquire lodging an export customs declaration since the fuel in standard tanks is considered to be a part of the vehicle. 53 INTRASTAT TREATMENT When it considers the reporting to Intrastat of goods subject to supply to vessels and aircraft, of 1 January 2017, following rules apply: NEW! First rule: Intrastat form is not necessary to submit for goods intended for supply to vessels and aircraft provided that: 1. Entrepreneur has an export customs declaration for the goods where simplified code `QR` in Box 17 (country of destination) is entered, and that 2. The EU vessel or aircraft which the goods intended for supply was delivered to, is located in the Croatian port. NEW! The second rule: In all other cases, i.e. if: - The goods have been declared to Customs verbally – no customs declaration, indirectly, there is no data in Extrastat. - Or if the motor fuel is delivered and loaded in a standard container of vessels and aircraft without the export customs declaration, PSI should submit Intrastat form. CONSUMABLE (NONDURABLE) GOODS – supply to vessel / aircraft Considers goods which are intended for consumption during the journey. Delivery of products for the crew and passengers as well as for the operation of engines, machines and other equipment of vessels or aircraft. (example: marine fuel oils) The vessel belongs to a Member State in which the VAT-registered entity has been established and who is the economic owner of the vessel or aircraft. Statistics on trade in goods between Member States covers only the dispatch of goods delivered to the territory of the reporting Member State, to vessels and aircrafts, which belong to another Member State. The following simplified Combined Nomenclature codes shall be used for consumable goods: - 9930 24 00: goods from CN Chapters 1 to 24 - 9930 27 00: goods from CN Chapter 27 - 9930 99 00: goods classified elsewhere. The data on quantity in supplementary unit is not reported. However, the data on net mass is mandatory. DURABLE GOODS – supply to vessel / aircraft Considers delivery of durable goods and equipment, which remain on the vessel or aircraft (it won’t be consumed during the journey and therefore it doesn’t consider the “supply”). Example: the delivery of bed linen, or of musical instruments for the musicians of 54 the ship, or TV sets for the cabins, spare parts for the functioning of engines or other durable goods. If the export customs declaration has been lodged for that kind of delivery – there is no reporting to Intrastat only if requirements 1 and 2 mentioned in First rule are met! When declaring durable goods delivered to vessels and aircraft in Intrastat form, the appropriate (precise) CN code should be used (using of the simplified Combined Nomenclature codes is not allowed). Tab. 1: Scenarios of the reporting deliveries to vessels and aircraft Scenario Reporting Requirement Reason Deliveries from Croatia to national (Croatian) Are not recorded in vessels or aircraft in a reporting Member State. Intrastat. Domestic transaction. Deliveries from Croatia to national (Croatian) Are not recorded in vessels or aircraft located in a partner Member Intrastat. State (e.g. Netherlands) or non-EU country (e.g. Morocco). Exempted by statistical regulation indirectly Deliveries from Croatia to foreign vessels or aircraft Are not recorded in registered in the EU and located in HR – export Intrastat under certain customs declaration has been lodged. conditions mentioned in the First rule. If the simplified code of the country of destination „QR“ is entered in Box 17 of export customs declaration (Condition 1) and if the vessel or aircraft has EU status of goods, is located in HR port (Condition 2) – then exempted by statistical regulation. Delivery of fuel loaded in the standard tanks of vessels and aircraft registered in the EU and located in HR – export customs declaration has been lodged. Are not recorded in Intrastat under certain conditions mentioned in the First rule. If the simplified code of country of destination „QR“ is entered in Box 17 of export customs declaration (Condition 1) and if the vessel or aircraft has EU status of goods, located in HR port (Condition 2) – then exempted by statistical regulation. Delivery of fuel loaded in the standard tanks of vessels and aircraft registered in the EU and located in HR – export customs declaration has not been lodged. Are to be recorded in Included in Intrastat since it is not Intrastat since there is no in the scope of Extrastat. export customs declaration. Delivery of goods to vessels and aircraft registered Are to be recorded in Included in Intrastat since it is not in the EU and located in HR – the goods have been Intrastat since there is no in the scope of Extrastat. verbally declared to Customs. export customs declaration. 5. Offshore installations The offshore installations refer to the equipment and devices installed and stationed in the sea outside the statistical territory of any Member State. Goods delivered to offshore installations imply delivery of products intended for the crew (e.g. food) and operation of engines, machines and other equipment of the offshore installation (e.g. fuel, spare parts). 55 Goods obtained from or produced by offshore installations refer to products that are extracted from the seabed or subsoil (e.g. gas and oil) or produced by the offshore installations (e.g. electricity produced by wind turbines). Goods that are dispatched from offshore installations must be reported with the appropriate tariff number from the CN (no simplified reporting). Simplified reporting of product codes is permitted for the dispatch and arrival of goods delivered to the crew and for functioning of the equipment belonging to the offshore installation. The following codes will be used for goods delivered to offshore installations: - 9931 24 00: goods from CN chapter 1 to 24 - 9931 27 00: goods from CN chapter 27 - 9931 99 00: goods classified elsewhere. However, the investment goods for the construction or technical improvement of the offshore installation or goods acquired or produced by offshore installation should be reported using the appropriate CN tariff number. The data on quantity in supplementary unit are not reported, however the data on net mass are mandatory. For statistical purposes, offshore installations are considered as a property of the Member State which has exclusive rights to exploit the seabed or subsoil where it is located. Partner country for Intrastat reporting is to be determined according to the defined property. The simplified code for the partner country ‘QV’ (Countries and territories not specified within the framework of intra-EU trade) can be used. 6. Sea products Sea products are considered to be fishery products, minerals and other products extracted from the sea or produced on vessels that have not yet been landed by the sea going vessels in the port of the Member State. The vessel belongs to a Member State in which the VAT-registered entity has been established and who is the economic owner of the vessel. The statistics on trade in goods between Member States relating to sea products includes the following arrivals and dispatches: (a) The landing of sea products in the port of the reporting Member State, or their acquisition by a vessel that belongs to a reporting Member State from a vessel that belongs to another Member State. Such transactions are treated as arrivals; (b) The landing of sea products in the port of another Member State from a vessel which belongs to a reporting Member State, or the acquisition of sea products by foreign vessels from vessels that 56 belong to the reporting Member State. Such transfers are treated as dispatches. For arrivals, a partner country is a Member State in which the VATregistered entity is established and is the economic owner of the vessel, which performs the catch, whereas for dispatches, it includes another Member State where the sea products were landed or where the VAT-registered entity is established and is also the economic owner of the vessel, which acquired the sea products. 57 7. Electricity and gas For all business transactions related to electricity and gas, following general rules are applied: Electricity and gas with EU status of goods (“domestic goods”), physically arrived to HR (arrivals) are to be reported to Intrastat Electricity and gas with EU status of goods (“domestic goods”), physically dispatched from HR (dispatches) are to be reported to Intrastat A prerequisite is that in addition to electricity (or gas) physically enters or leaves to / from the Republic of Croatia, the company with HR ID number, i.e. the PSI, receive or issue an invoice for the value of electricity or gas, and not only for transit service. If only the transit service would be invoiced there is no change of ownership, and it is considered as a service and is not to be reported to INTRASTAT. Also, it is essential to emphasize that arrival is to be reported according to the country that will issue an invoice, and dispatches according to the country to which an invoice is addressed, with the aim of harmonizing the data with VAT data. Foreign electricity or gas, i.e. electricity or gas with no EU status of goods, has to be released for free circulation upon arrival to Republic of Croatia, i.e. cleared, or released into some other appropriate customs procedure. For PSI is essential to distinguish whether the EU status of goods is applicable for electricity / gas, and accordingly report it to Intrastat or release into an appropriate customs procedure. 8. Purchase / sale of electricity or gas in the EU market In the case when the purchase / sale transaction of subject goods (electricity or gas) has been done on the EU market, but with no physical enter or exit of the goods from / to HR – not to be reported to Intrastat. Example 1: PSI purchases electricity in the EU market from HU trader and immediately sells the same electricity to the DE customer HU trader will issue the invoice for the subject transaction. Considering that electricity didn’t physically enter to the Republic of Croatia – it is not to be reported to Intrastat. HR company issues invoice to the DE customer, but there is no Intrastat reporting because goods didn’t physically leave from the Republic of Croatia (no physical crossing the HR border). This case of trade including three MSs of the EU (HR, HU, DE) is called a triangular trade. Triangular trade covers the transactions of goods, in which at least three business entities are involved from two or more different countries, and at least two of the countries are EU Member States. Only those business entities in the Republic of Croatia that purchase or sell goods to a trading partner (party responsible for VAT) in another EU Member State report for Intrastat, and when goods cross the Croatian border. For better understanding, the following is an example of a triangular for gas trade (valid also for electricity trade): Gas transported via pipeline from AT to HR 58 Yes, Intrastat report is to be submitted, considering foreign trade of goods between MSs occurred and goods (gas) physically crossed the HR border. For gas bought in AT, but not transported via pipeline to HR since it is intended for further sale to the foreign customer - it is not to be reported to Intrastat, considering the goods doesn’t enter the Republic of Croatia, and Intrastat does not tracks (follow) the flow of transaction but exclusively the flow of goods. In that case it considers a triangular trade. 9. What is not reported to Intrastat in electricity / gas trade The cost of use / maintenance / lease of pipeline concluded with another company – for these costs there is a separate invoice which is not necessary to include in the Intrastat report. If these costs are included in the price of electricity / gas and shown on the same invoice together with the goods, in that case, are included in the invoice value of the goods. Replacement of goods at the VTP (virtual trading point, e.g. gas) – for example, if the company intends to perform gas transmission at the VTP (which is allowed by transmission system operator), and company, to which the gas is to be delivered, will make available the same amounts of gas to the Central European gas hub in the EU. In this way the gas will be replaced. Such transactions do not involve physical leave from HR, and it won’t be visible on the meter of the transmission system operator, but the transmission system operator will record this transaction at the VTP. Also, the subject transaction is not to be reported to Intrastat. Energy balancing – is considered as a service, and services are not the subject of the foreign trade in goods statistics between MSs of the EU, therefore is not to be reported to the Intrastat. 59 Particular trade flows – examples Goods in transit When goods on its route from Member State A to Member State C pass through Member State B, it is regarded as a transit. The criterion for identification of goods in transit is determined according to destination of goods in the moment of crossing the border of Intrastat reporting country. If the destination of goods is cleared to be other MS in that moment, the goods are considered to be in transit. Example 1: Goods in transit Member State B does not report for Intrastat. At the moment of the crossing the border between MS A and MS B, it is clear that the goods are intended to a MS C, which is approved by the documentation that follows the goods. This implies that the goods are also in transit in case when the goods are subject of halts in country B for transportation purposes only (reloading). Example 2: Goods are not in transit HR PSI A purchases goods from HU seller B. The goods has physically arrived from HU to HR, followed by an invoice and issued by B. The goods are not loaded from the mean of transport but HR PSI A attaches an invoice to the goods for SI customer C, to which the goods are resold. After invoices are being replaced, the goods continue its physical movement from HR to SI on its own propulsion. So, this example is not about the transit, considering the goods were intended to HR in the beginning of its movement from HU, approved by invoice and transport documentation tracking the goods. It is irrelevant whether the goods are physically in the territory of the Republic of Croatia a few minutes or a few months. The invoice is a proof that the goods were intended to the Republic of Croatia, therefore the arrival is to be reported to Intrastat. Just after the arrival to HR, the new destination of goods has been determined (SI). Accordingly, even though the goods continue its physical movement towards SI, the arrival from HU is to be reported to Intrastat. 60 Triangular trade Triangular trade covers the transaction of goods, in which at least three business entities are involved from two or more different countries, and at least two of the countries are EU Member States. Only those business entities in the Republic of Croatia that purchase or sell goods to a trading partner (entity responsible for VAT) in another EU Member State report for Intrastat, and when goods cross the Croatian border. The fundamental rule for reporting transactions in triangular trade is that in Intrastat the physical flow of goods is always tracked regardless of the commercial transactions and flow of invoice. Examples: A) Triangular trade with EU Member states 1) Company A1 from Croatia sells goods to company B in Austria, which in turn sells the goods to another company A2 in Croatia. The physical flow of goods is from company A1 to A2 in Croatia. This is not reported for Intrastat since the goods have not left Croatian territory. 2) Company A1 in Croatia orders goods from company B1 in Germany and the goods are directly delivered to the customer company C1 in France. 61 Company A1 in Croatia does not report for Intrastat because the goods have not transited Croatia. 3) A company in Croatia sells goods to Germany and the goods are delivered to the customer directly from another company in Croatia (manufacturer). The company that sells (invoices) the goods reports the dispatch of goods to Germany. 4) Company A1 in Croatia sells goods to another company A2 in Croatia. The goods are purchased and directly dispatched from company B1 in Germany to company A2. Company A1 must report the arrival of goods from Germany for Intrastat, because it purchased the goods from company (manufacturer) B1 in Germany, and not company A2 to whom the goods were delivered. Company B1 from Germany reports dispatch of goods to Croatia. 5) Company A1 in Croatia orders the goods from company B1 in Denmark and the goods are delivered directly from the manufacturer company C1 in Germany. 62 The company in Croatia reports the arrival of goods from Germany, whereas the company in Germany reports the dispatch to Croatia. The company in Denmark does not report. B) Triangular trade involving non-EU countries 1) A company in Croatia orders goods from the USA. The goods are delivered through Germany where import duties are paid (indirect import). A company in Croatia reports for Intrastat, the arrival of goods from Germany. The import into Germany from the USA is reported for Extrastat on the SAD. 2) The company in Croatia orders the goods from China. The goods are delivered through France, even though import duty is paid in Croatia. 63 The company in Croatia does not report for Intrastat, because the goods are cleared through customs and the import duties for the goods are paid in Croatia (Extrastat). 3) A Croatian company sells goods to a company from Slovenia, which receives the goods in Croatia and dispatches them to Albania. The goods exporter from Croatia in this example is the Slovenian company, and as the customer of the goods fills in the customs documents. There is no reporting for Intrastat since the goods are delivered directly from Croatia to Albania. Rotterdam effect (Quasi transit) Quasi transit concerns imports or arrivals in a Member State of goods which are dispatched or exported without changing ownership to a resident of that Member State. When considering quasi transit, there are two cases: Quasi-imports. A non-resident imports goods from non-member country, clears them for import in a Member State before being dispatched to another Member State. Quasi-exports. A non-resident export goods for non-member country, clears them for export in a Member State after being dispatched from another Member State. Movement of goods between a non-member country and a Member State of final destination is divided into two trade flows – one reported within extra-EU trade, and the other to Intrastat - when the customs clearance takes place in another Member State (in a Member State usually located at the external frontier of the European Union). Very often it happens in such countries as Belgium and the Netherlands which have important ports for transhipment of goods, e.g. Rotterdam, Antwerpen. These two cases are sometimes called "Rotterdam effect" and reflect the interrelationship between Intrastat and Extrastat data collection system. 64 According to Extrastat, import or export is to be reported by the country where the goods are cleared (for the purpose of import, export or processing). According to Intrastat, any movement of Community goods (released for free circulation) between Member States must be reported (unless excluded under Annex 1 of Commission Regulation (EC) no. 1982/2004). Customs legislation provides the possibility of release for free circulation (through representatives) at any customs office in the EU, regardless of whether the goods will be transported to another Member State or not. Quasi-imports A non-resident imports goods from non-member countries, clears them for import in a Member State before being dispatched to another Member State. Movement of goods between a non-member country and a Member State of final destination is divided into two trade flows — one reported within extra-EU trade statistics on trading in goods between Member States and non-EU countries) and the other to Intrastat (statistics on trading in goods between Member States). Quasi import MS A Intra-EU flow MS B Import customs declaration is lodged Extra-EU flow Non-member country Normal import MS A Import customs declaration is lodged MS B Normal transit Non-member country Extra-EU flow When it considers the determination of quasi import, the easiest way to recognize the subject transaction is if there are customs procedures 42 or 63 to be applied when lodging the import customs declaration. CP 42 involves simultaneous release for free circulation and home use of goods which are the subject of a VAT-exempt supply to another Member State and, when applicable, an excise duty suspension. CP 63 involves re-importation with simultaneous release for free circulation and home use of goods which are the subject of a VATexempt supply to another Member State. The terms for the use of CP 42 and 63 are prescribed with the provision of Article 44, paragraph 1, item 26 and Article 44, paragraph 44, paragraph 2 of the VAT Act (NN 73/13, 148/13, 143/14). 65 Article 44, paragraph 1, item 26 prescribes that the import of goods dispatched or transported from a third territory or a third country in the Croatian area is VAT exempted, if the goods were delivered within the EU immediately after the import with VAT exemption applied, Article 41, paragraph 1 on VAT Act by an importer or a party who is designated as a tax debtor on imports. The mentioned exemption under the provisions of Article 44, paragraph 2 of the VAT Act is applied if the import of goods is followed by: Supply of goods (Art. 41, paragraph 1, item a) on VAT Act) or Displacement of goods (Art. 41, paragraph 1, item d) on VAT Act) to another Member State. Example 1: So, quasi import refers to goods from a third country (e.g. China), cleared for import in a Member State B (e.g. Slovenia, port of Kopar – importer is HR company, and Slovenian shipping company is tax and customs representative of HR company) and then dispatched to another Member State (HR). Dispatch of goods from a MS B (SI) to a MS A (HR) has to be reported to Intrastat in a following way: Dispatch of goods to HR has to be reported for SI Intrastat HR PSI will declare arrival of goods from SI with NoT 11 for HR Intrastat For the purpose of compilation the Intrastat report, HR PSI will use following data: Invoice issued by a supplier from China Parity according to the invoice (FOB) regardless of goods being transported by road from SI to HR Mode of transport - considering goods are crossed the Croatian border by road, mode od transport 3 is applied Nature of transaction 11 Invoice value in case of FOB Kopar parity (place of delivery 2) is amount of customs value of goods (so, IV will include the value of goods according to the Art. 29 of CCC: The customs value of imported goods shall be the transaction value, that is, the price actually paid or payable + all costs occurred from a third country till entrance to the customs territory of the Community in port of Kopar), but without value of customs duty. Statistical value is a value of the goods at the Croatian border and will include previously mentioned invoice value of goods + costs occurred from the EU border to the HR border. In the case when delivery term (parity) with a place of delivery in a third country is listed on the invoice, e.g. FOB Shanghai – place of delivery 3 (third country) is to be declared for Intrastat, and invoice and statistical value are calculating in a following way: Invoice value in the case of FOB Shanghai parity (place of delivery 3) is the value of the goods indicated on the invoice, and includes value of the same goods. Statistical value is the value of goods at the Croatian border and will include previously mentioned invoice value + all costs occurred from the Shanghai port (third country) till entrance in customs territory of the EU (port of Kopar), but without value of customs duty + costs occurred from EU border (port of Kopar) to the HR border... 66 NATURE OF TRANSACTION CODE 66 – Arrival of goods from another EU country for further export to third countries NATURE OF TRANSACTION CODE 67 – Dispatch of goods previously imported from a third country into another EU country Example 2: Goods from a third country (e.g. China) is cleared for import in a MS B (e.g. in HR port of Rijeka – importer is HU company, and HR shipping company is tax and customs representative of HU company), and afterwards is dispatched to another MS of the EU (e.g. in HU). Dispatch of goods form a MS B (HR) to a MS A (HU) has to be reported for Intrastat in a following way: Dispatch of goods to HU is to be reported for HR Intrastat with NoT 67 Arrival of goods from HR is to be reported for HU Intrastat with NoT 11 For the purpose of compilation the Intrastat report, HR PSI will use following data: Import customs declaration Parity according to the import customs declaration Mode of transport - considering goods are crossed the Croatian border by road, mode of transport 3 is applied Nature of transaction 67 Invoice value in case of FOB Rijeka parity (place of delivery 1) is amount of customs value of the goods (so, IV will include the value of goods according to the Art. 29 of CCC: The customs value of imported goods shall be the transaction value, that is, the price actually paid or payable + all costs occurred from a third country till entrance to the customs territory of the EU in port of Rijeka), but without value of customs duty. Statistical value is a value of the goods at the Croatian border and will include previously mentioned invoice value of goods + costs occurred from the EU border to the HR border. In the case when delivery term (parity) with a place of delivery in a third country is listed on the invoice, e.g. FOB Shanghai – place of delivery 3 (third country) is to be declared for Intrastat, and invoice and statistical value are calculating in a following way: Invoice value in the case of FOB Shanghai parity (place of delivery 3) is the value of the goods indicated on the invoice, and includes value of the goods. Statistical value is the value of goods at the Croatian border and will include previously mentioned invoice value + all costs occurred from the Shanghai port (third country) till entrance in customs territory of the EU (port of Rijeka), but without value of customs duty. The port of Rijeka is both border of the EU and Croatian border. 67 Quasi-exports Movement of goods in export procedure between non-EU country and EU Member State is possible to perform in two ways: I. REGULAR EXPORTS Goods intended for export to a third country to be regularly cleared for export in HR, then the goods with the use of the customs transit procedure is dispatched to another EU Member State where is the external border of the customs territory of the Community, with the intention of leaving the customs territory of the EU and exporting goods to a third country. In this case, there is no reporting for INTRASTAT, given that the statistics from the export customs declaration is automatically going to Extrastat. II. QUASI EXPORTS Goods intended for export to a third country to be cleared for export in another EU country (e.g. in Slovenia), the country where the goods will physically cross the border and leave the customs territory of the Community with the purpose of export to a third country. So, goods are dispatched from Croatia to Slovenia (EU Member State), where it will be loaded onto a ship, for example, to Saudi Arabia. In this case, statistical reporting is divided into two trade flows - one recorded for INTRASTAT (it is necessary to report the movement of goods from Croatia to Slovenia), and the other for Extrastat (export customs declaration). Quasi export MS A Intra-EU flow MS B Export customs declaration is lodged Extra-EU flow Non-member country Normal export MS A MS B Normal transit Export customs declaration is lodged Non-member country Extra-EU flow Example 1: Croatian company sells goods to the customer in India. The goods are physically delivered from Croatia to Slovenia at first, and the export customs procedure will be done in Slovenia, and after that the goods will be exported to India (third country). The exporter is Croatian company, and the export customs declaration is lodged by SI shipping company which represents Croatian company in export procedure (so, SI shipping company is customs and tax representative of HR company in SI). 68 Given that the export customs declaration is lodged in another MS (Slovenia), export (Extrastat) has to be recorded in Slovenian data statistics, and for Intrastat the following has to be done: HR PSI will report dispatch of goods from HR to SI with NoT 11 for HR Intrastat Arrival of goods with NoT 11 is to be reported for SI Intrastat For the purpose of compilation the INTRASTAT report in Croatia, the following will be used: invoice issued by Croatian company, delivery term according to the invoice, nature of transaction 11 the invoice value is the value of goods indicated on the invoice the statistical value is the value of goods at the Croatian border, and is calculated according to the delivery terms. Note! If the HR PSI would decide to lodge the export customs declaration in HR, then the goods would be under customs control and transported under customs transit procedure from HR to SI, where the export customs declaration would be lodged. In this case, there is no reporting of dispatch to SI for Intrastat, given that the goods are under customs control. Example 2: Austrian seller sells goods to the customer in the United States. The goods are physically delivered from Austria to the port of Rijeka, in Croatia, and there the customs export declaration will be lodged. For the purposes of conducting the customs procedure in Croatia, Austrian seller has authorized the Croatian shipping company for customs and tax representation. So, quasi export implies that the goods initially have been dispatched from one EU Member State (Austria) to another EU Member State (the state at the external border of the EU - the port of Rijeka in Croatia). Export customs clearance procedure will be carried out in that other EU Member State and the goods will then be exported to a third country. Dispatch of goods from Austria to Croatia must be reported to Intrastat as follows: dispatch of goods from Austria to Croatia is reported for AT Intrastat arrival of goods from Austria is to be reported with NoT 66 for HR Intrastat For the purpose of compilation the INTRASTAT report in Croatia, Croatian shipping company will use: invoice issued by the Austrian company, delivery term in accordance with the invoice, 69 nature of transaction 66 (Arrival of goods from another EU country for further export to third countries) the invoice value is the value of goods indicated on the invoice the statistical value is the value of goods at the Croatian border, and is calculated in accordance with the delivery terms. Role of tax data in the Intrastat system An important role in the Intrastat system have tax data, submitted by Tax Administration from the VAT, VAT-S and ZP (recapitulative statement) forms to Croatian Bureau of Statistics on a company level (ID number) in accordance with the European legislation for Intrastat and EU VAT directive. Tax data in the Intrastat system are used to determine the exemption threshold values in the Intrastat system, determination of new PSI's during the reporting year, assessment of non-response and assessment of the trade value below the exemption threshold, updating of the Intrastat register and credibility control of Intrastat data. Credibility control of Intrastat data is performed by summarizing and comparing of Intrastat and Tax data on an ID, flow and period level. In case that there is a significant difference between the Tax and Intrastat data the company is contacted in order to verify the accuracy of data and ascertain the reason for the deviation. If the data on the Intrastat form is not correct, the PSI is required to correct the submitted Intrastat data by delivering a substitute form. Differences between Intrastat and TA data on acquisitions and supplies of goods to / from the EU may arise from the following methodological reasons: A) The flow of transaction and reporting period Tax data follow the financial flow of the transaction while Intrastat follows: a) Physical movement of goods (calendar month of dispatch or arrival of the goods) – in that case the difference between monthly data shown in Intrastat and monthly data shown in tax return (VAT, VAT-S, ZP) may arise. th Example 1: the goods are received in HR at 28 November, nd while the invoice of the supplier is issued at 2 December: in that case the data on goods will be shown for November in Intrastat report, and in VAT return data on subject goods will be shown for December (according to invoice date) Or b) Occurring of chargeable event (calendar month during which the chargeable event occurs for the Community goods on which 70 VAT becomes chargeable on intra-Community acquisitions or supplies) – in that case there is no difference between Tax and Intrastat data on the same goods, considering PSI has chosen to report according to the calendar month during which declares chargeable event to the Tax Administration. PSIs may choose one of the proposed methods (a or b), which will use for the reporting period while compiling Intrastat report. B) Coverage The statistics on the trading in goods does not include services but only flows relating to the movement of goods. Repairs, selling goods via Internet, temporary movement of goods less than two years, specially designed software for a particular customer, advertising material and commercial samples are not included. According to the methodological guidelines of the UN and Eurostat, CBS monitors data on processing activities on a gross basis. With regard to arrivals of goods for processing the value of the goods received for processing is shown on the Intrastat form. The value of the goods following processing on the Intrastat form is the total value of goods which includes the original value of the received goods, the cost of processing service and materials incorporated. For the purposes of the Tax Administration arrival of goods for processing is not to be reported, but only the value of the processing service. C) Difference in calculation of value for Intrastat and tax base (goods subject to excise duties) For Intrastat is to be reported the value of goods that includes only transport and insurance costs up to the Croatian border. With regard to the calculation of the tax base in the value of acquired assets the excise taxes are also included, which the acquirer of the goods which are the subject to excise duties within the European Union is liable to pay or has paid. D) Exchange rate The value on the invoice shown in foreign currency, when reporting the invoice value is converted in kuna using the first valid midpoint exchange rate list for the particular month, that is month for which the data are reported. When reporting the tax data, if the elements for determining the tax base, except when importing goods, are determined in foreign currency, for the conversion in kuna the midpoint exchange rate of the Croatian National Bank is used on a day when VAT becomes chargeable. 71 Annex 1. Application form for the Intrastat 72 73 Annex 2. Nature of transactions codes 1 2 A Transactions involving actual or intended transfer of ownership from residents to non-residents against financial or other compensation (except the transactions listed under 2, 7 and 8) Return and replacement of goods free of charge after registration of the original transaction 3 4 9 B Outright purchase/sale Supply for sale on approval or after trial, for consignment or with the intermediation of a commission agent Barter trade (compensation in kind) 1 Financial leasing (hire-purchase) ( ) Other 1 Return of goods 2 Replacement for returned goods 3 Replacement (e.g. under warranty) for goods not being returned Other 1 2 9 3 Transactions involving transfer of ownership without financial or in kind compensation (e.g. aid shipments) 0 4 Operations with a view to processing 2 ( ) under contract (no transfer of ownership to the processor) 1 2 5 6 Operations following processing under contract (no transfer of ownership to the processor) 1 2 Goods not returning to the initial Member State of dispatch Particular transactions recorded for national purposes 6 Arrival of goods from another EU country for further export to third countries Dispatch of goods previously imported from a third country into another EU country Operations under joint defence projects or other joint intergovernmental production programs Transactions involving the supply of building materials and technical equipment under a general construction or civil engineering contract for which no separate invoicing of the goods is required and an invoice for the total contract is issued Hire, loan, and operational leasing longer than 24 months Other 7 7 8 9 Operations under joint defence projects or other joint intergovernmental production programs Transactions involving the supply of building materials and technical equipment under a general construction or civil engineering contract for which no separate invoicing of the goods is required and an invoice for the total contract is issued Other transactions which cannot be classified under other codes 0 0 1 9 (1) (2) Transactions involving transfer of ownership without financial or in kind compensation (e.g. aid shipments Goods expected to return to the initial Member State of dispatch/ country of export Goods not expected to return to the initial Member State of dispatch/ country of export Goods returning to the initial Member State of dispatch Financial leasing covers operations where the lease instalments are calculated in such a way as to cover all or virtually all of the value of the goods. The risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee becomes the legal owner of the goods. Processing covers operations (transformation, construction, assembling, enhancement, renovation...) with the objective of producing a new or really improved item. This does not necessarily involve a change in the product classification. Processing activities on a processor's own account are not covered by this item and should be registered under item 1 of column A. 74 Annex 3. What is reported for Intrastat purchase or sale of goods goods intended for processing under contract goods returned following processing under contract, i.e. once processing has been finished goods that are received, dispatched and exceptionally returned as part of financial leasing goods that are dispatched and received as part of claims for inadequate consequences of a sales contract, including the return of damaged/defective goods and goods dispatched and received as replacements for damaged/defective goods goods delivered free-of-charge (e.g. donations), if they are not free-of-charge commercial samples or promotional materials and other goods exempted from reporting goods (building materials and technical equipment) delivered as an integral part of a general construction or civil engineering contract goods received or delivered as part of a delivery to a central and distribution warehouses goods dispatched or received in a consignment warehouse goods received or dispatched for warehousing, if the warehousing period exceeds 2 years, and the goods are later returned to the owner goods received or dispatched for temporary use, if the excepted usage period exceeds 2 years (e.g. the goods are lent free-of-charge for a period exceeding 2 years or the goods for operational leasing exceeding 2 years) 75 Annex 4. List of exemptions (A) Monetary gold; (B) Means of payment which are legal tender and securities, including means which are payments for services such as postage, taxes, user fees; (C) Goods for or following temporary use (e.g. hire, loan, operational leasing), provided all the following conditions: - No processing is or was planned or carried out, - The expected duration of temporary use was or is not intended to be longer than two years - The dispatch/arrival has not to be declared as supply/acquisition for VAT purposes; (D) Goods moving between: - The Member State and its territorial enclaves in other Member States, and - The host Member State and territorial enclaves of other Member States or international organisations. Territorial enclaves include embassies and national armed forces stationed outside the territory of the mother country. (E) Goods used as carriers of customised information, including software; (F) Software downloaded from the Internet; (G) Goods supplied free-of-charge which are themselves not the subject of a commercial transactions, such as: - Advertising material, - Commercial samples; (H) Goods for and after repair and replacement parts that are incorporated in the framework of the repair and replaced defective parts. 76 Annex 5. Field description of the Intrastat form Field number 0 1a 1b 1c 2 3 4a 4b 4c 4d 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Field name The flow of goods Identification number of PSI Name of PSI Address of PSI Reference period Total No of items ID number of TPD Name of TPD Address of TPD Country of TPD Data on Customs Administration Type of form Reference number Date Item CN code (Commodity code) Description of goods Country of destination/consignment Delivery terms/Place of delivery Nature of transaction Mode of transport Country of origin Net mass Quantity in supplementary unit Invoiced value Statistical value Length of the field 1 13 (2+11) Type of the field 200 200 GGGG-MM 5 20 (2+18) 200 200 100 300 varchar varchar date num (format 99999) char varchar varchar varchar fixed field 1 10 DD.MM.GGGG 5 8 char num (format YY99999999) date num (format 99999) char 400 2 varchar char 4 (3+1) char 2 (1+1) 1 2 9,3 12,3 char char char dec (format 999999999,999) dec (format 999999999999,999) 12 12 num (format 999999999999) num (format 999999999999) char char 77 Annex 6. Geonomenclature ISO alpha-2 Name of the country ISO alpha-2 AD Andorra CH AE AF AG AI AL AM AO AQ AR AS AT AU AW AZ United Arab Emirates Afghanistan Antigua and Barbuda Anguilla Albania Armenia Angola Antarctica Argentina American Samoa Austria Australia Aruba Azerbaijan CI CK CL CM CN CO CR CU CV CW CX CY CZ DE BA BB BD BE BF BG BH BI BJ BL BM Bosnia and Herzegovina Barbados Bangladesh Belgium Burkina Faso Bulgaria Bahrain Burundi Benin Saint Barthélemy Bermuda DJ DK DM DO DZ EC EE EG EH ER ES BN BO BQ BR BS BT BV BW BY BZ Brunei Darussalam Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba Brazil Bahamas Bhutan Bouvet Island Botswana Belarus Belize ET FI FJ FK FM FO FR CA CC Canada Cocos Islands (or Keeling Islands) GA GB CD CF Congo, Democratic Republic of Central African Republic GD GE Name of the country Switzerland, including the German territory of Büsingen and the Italian municipality Campione d'Italia Côte d’Ivoire Cook Islands Chile Cameroon China Colombia Costa Rica Cuba Cape Verde Curaçao Christmas Island Cyprus Czech Republic Germany, including the island of Heligoland; excluding the territory of Büsingen Djibouti Denmark Dominica Dominican Republic Algeria Ecuador Estonia Egypt Western Sahara Eritrea Spain, including the Balearic Islands and the Canary Islands; excluding Ceuta i Melilla Ethiopia Finland, including Åland Islands Fiji Falkland Islands Mikronesia, Federated States of Faroe Islands France, including Monaco and French overseas departments (French Guiana, Guadeloupe, Martinique, Mayotte and Réunion) and French northern part of St Martin Gabon United Kingdom (Great Britain, Northern Island, Channel Islands and Isle of Man) Grenada Georgia 78 CG ISO alpha-2 GI GL GM GN GQ GR GS GT GU GW GY HK HM HN HR HT HU ID IE IL IN IO IQ IR IS IT JM JO JP KE KG KH KI KM KN KP KR KW KY KZ LA LB LC LI LK GH Congo Name of the country Gibraltar Greenland Gambia Guinea Equatorial Guinea Greece South Georgia and South Sandwich Islands Guatemala Guam Guinea-Bissau ISO alpha-2 Ghana Name of the country LT LU LV LY MA MD ME Lithuania Luxembourg Latvia Libya Morocco Moldova, Republic of Montenegro MG MH MK Madagascar Marshall Islands Former Yugoslav Republic of Macedonia Mali Myanmar Mongolia Macao Northern Mariana Islands Mauritania Montserrat Malta, including Gozo and Comino Mauritius Maldives Malawi Mexico Malaysia Mozambique Namibia New Caledonia Guyana Hong Kong Heard Island and McDonald Islands Honduras Croatia Haiti Hungary Indonesia Ireland Israel India British Indian Ocean Territory Iraq Iran, Islamic Republic of Iceland Italy, including Livigno; excluding the municipality of Campione d’Italia Jamaica Jordan Japan Kenya Kyrgyz, Republic Cambodia ML MM MN MO MP MR MS MT MU MV MW MX MY MZ NA NC Kiribati Comoros St Kitts and Nevis Korea, Democratic People’s Republic of Korea, Republic of Kuwait Cayman Islands Kazakhstan Lao People’s Democratic Republic Lebanon St Lucia Lichtenstein Sri Lanka NP NR NU NZ Niger Norfolk Island Nigeria Nicaragua Netherlands Norway, including Svalbard Archipelago and Jan Mayen Island Nepal Nauru Niue New Zealand OM PA PE PF PG PH PK PL PM Oman Panama Peru French Polynesia Papua New Guinea Philippines Pakistan Poland St Pierre and Miquelon NE NF NG NI NL NO 79 LR LS Liberia Lesotho PN PS Pitcairn Occupied Palestinian Territory 80 ISO alpha-2 PT PW QA QP QR QV RO RU RW SA SB SC SD SE SG SH SI SK SL SM SN SO SR SS ST SV SX SY SZ TC TD TF TG TH TJ TK TL TM TN TO TR TT TV TW TZ UA UG Name of the country Portugal, including Azores and Madeira Palau Qatar High seas Stores and provisions within the framework of intra-EU trade Countries and territories not specified within the framework of intra-EU trade Romania Russian Federation Rwanda Saudi Arabia Solomon Islands Seychelles Sudan Sweden Singapore Saint Helena, Ascension and Tristan da Cunha Slovenia Slovakia Sierra Leone San Marino Senegal Somalia Suriname South Sudan Sao Tome and Principe El Salvador Sint Maarten (Dutch part) Syrian Arab Republic Swaziland Turks and Caicos Islands Chad French Southern Territories Togo Thailand Tajikistan Tokelau Timor-Leste Turkmenistan Tunisia Tonga Turkey Trinidad and Tobago Tuvalu Taiwan Tanzania, United Republic of Ukraine Uganda ISO alpha-2 Name of the country UM United States Minor Outlying Islands US UY UZ VA United States, including Puerto Rico Uruguay Uzbekistan Holy See (Vatican City State) VC St Vincent and the Grenadines VE VG VI VN VU WF WS XC XK XL Venezuela, Bolivarian Republic of Virgin Islands, British Virgin Islands, United States Viet Nam Vanuatu Wallis and Futuna Samoa Ceuta Kosovo Melilla XS YE YT ZA ZM ZW Serbia Yemen Mayotte South Africa Zambia Zimbabwe 81 Annex 7. Delivery terms Code Incoterms – official ICC/ECE rules in Geneva Place EXW ex-works Location of works FCA free carrier Agreed place FAS free alongside ship Agreed port of loading FOB free on board Agreed port of loading CFR cost and freight (C & F) Agreed port of destination CIF cost, insurance and freight Agreed port of destination CPT carriage paid to Agreed place of destination CIP carriage and insurance paid to Agreed place of destination DAF delivered at frontier Agreed place of delivery at frontier DES delivered ex ship Agreed port of destination DEQ delivered ex-quay After customs clearance, agreed port DDU delivered duty unpaid Agreed place of destination in arriving country delivered at terminal Agreed place of destination or agreed place of destination DAP delivered at place Agreed place of destination DDP delivered duty paid Agreed place of delivery in arriving country XXX delivery terms other than the above Delivery terms precisely stated in the contract DAT Annex 8. Place of delivery Code Meaning 1 Territory of the Republic of Croatia 2 Territory of a Member State 3 Territory outside the EU 82 Annex 9. Mode of transport Code Description 1 Sea transport (including wagons, motor vehicles, trailers, semitrailers and boats for transferring) 2 Rail transport (including vans which are transported using rail transport) 3 Road transport 4 Air transport 5 Postal consignment 7 Fixed transport installations (pipelines, high-voltage cables) 8 Inland waterway transport 9 Own propulsion (imported or exported means of transport which cross the border using own propulsion, e.g. aircraft, vans, ships, etc.) Annex 10. Calculation of statistical value according to delivery terms Incoterms (simplified) Delivery terms Incoterms Statistical value Dispatches EXW, FCA Invoiced value + transport costs incurred in Croatia + insurance costs incurred in Croatia FAS Invoiced value FOB Invoiced value CFR CIF Invoiced value - transport costs incurred abroad Invoiced value - transport costs incurred abroad - insurance costs incurred abroad Correlation SV/IV Statistical value Arrivals Correlation SV/IV SV>IV Invoiced value + transport costs incurred abroad + insurance costs incurred abroad SV>IV SV=IV SV=IV SV<IV SV<IV Invoiced value + transport costs incurred abroad + insurance costs incurred abroad Invoiced value + transport costs incurred abroad + insurance costs incurred abroad Invoiced value + insurance costs incurred abroad Invoiced value SV>IV SV>IV SV<IV SV=IV 83 Delivery terms Incoterms CPT CIP DAF (frontier of a country of exporter) DAF (frontier of a country of importer) DAT DAP DEQ, DES DDU DDP Statistical value Dispatches Invoiced value - transport costs incurred abroad + insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad - insurance costs incurred abroad Invoiced value + insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad - insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad + insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad + insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad Invoiced value - transport costs incurred abroad + insurance costs incurred in Croatia Invoiced value - transport costs incurred abroad + insurance costs incurred in Croatia Correlation SV/IV SV<IV SV<IV SV=IV SV<IV SV<IV SV<IV SV<IV SV<IV SV<IV Statistical value Arrivals Invoiced value - transport costs incurred in Croatia + insurance costs incurred abroad Invoiced value - transport costs incurred in Croatia - insurance costs incurred in Croatia Invoiced value + transport costs incurred abroad + insurance costs incurred abroad Invoiced value + insurance costs incurred abroad Invoiced value - transport costs incurred in Croatia + insurance costs incurred abroad Invoiced value - transport costs incurred in Croatia + insurance costs incurred abroad Invoiced value + insurance costs incurred abroad Invoiced value - transport costs incurred in Croatia + insurance costs incurred abroad Invoiced value - transport costs incurred in Croatia + insurance costs incurred abroad Correlatio n SV/IV SV<FV 4 SV<IV SV>IV SV=IV SV=IV SV<IV SV=IV SV<IV SV<IV Note: In the case that the agreed place of delivery is loading or destination port in HR or the agreed place of delivery in HR is located 100 km near the Croatian border, the place of delivery is considered to be the Croatian border, so the transport and insurance costs are not necessary to deduct or add to the invoice value. 4 Depending on the place of delivery in the Republic of Croatia. 84
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