UTB’s & navordering

If a customs debt arises, the debt will be levied by the Dutch Customs authorities with an additional assessment (hereinafter: UTB).

If the customs authorities are of the opinion that a correction must be made based on the submitted declaration, for example regarding the classification of a product, Customs will impose a UTB for the difference. Such a UTB may come as a surprise for companies. In such cases, it is important to apply a critical view on the received UTB. After all, the viewpoints of the Dutch Customs authorities are not always correct. In a situation that Customs is or could be incorrect, companies are offered the opportunity to conduct an objection procedure and, if necessary, an appeal procedure with the court against the UTB.

Meet our specialists

Deze pagina is ook beschikbaar in het Nederlands. Klik hier voor de Nederlandse versie.

The customs debt is the amount of customs duty payable. The amount payable is composed of the import duty on a product and possibly anti-dumping and/or countervailing duties. National taxes, such as value added tax (VAT), excise duty, consumption tax and coal tax are not included in the term of customs debt, but these taxes are levied as if they were an import duty.

Thousands of import declarations are submitted daily by several different forwarders and shipping agents. During the verification of those declarations Customs could conclude that a correction of the data is required. As a consequence of these corrections, the customs debt could increase leading to paying more customs duties than originally declared. However, we note that in practice such corrections could be only the tip of the iceberg. Whereas Customs starts a check by usage of retrospective systematic checking of declarations, i.e. the post-clearance audit, the next step is a full audit. In both cases applies that if Customs is of the opinion that too little customs duties were levied at an earlier point in time, it may proceed to a UTB for the difference between the original amount of customs debt levied and the corrected amount of customs debt.

Publications

The deforestation regulation: What does it mean?

In the ongoing battle against deforestation and preservation of global biodiversity, the introduction of the deforestation regulation (also referred to as: EUDR) will impose new obligations from 30 December 2024. Market participants trading in specific product groups, such as palm oil, soy, cocoa, cattle, coffee, rubber and timber will have to submit a due diligence declaration, among other things. This declaration must state that their activities do not contribute towards illegal deforestation. In this article, you can read more about the obligations arising from the regulation.

More...

Finally: The regular recovery period is going to be three years again!

The majority of import declarations are not immediately checked by Customs. On the contrary, Customs usually checks import declarations afterwards. This means that Customs usually issues an additional assessment, or an 'invitation to pay', mostly after a few months or years. However, Customs cannot recover unlimitedly. According to the Union Customs Code, the standard period for post-clearance recovery is three years, and under certain circumstances a recovery period over five years is possible.

More...

Anti-dumping duties: retroactive application and suspended verification

You are a happy person! You have imported goods from Indonesia at a great price. You are very pleased with how the import process went, as you only had to pay import duties and there were no anti-dumping duties applicable. This would have been different if the goods had come from China, as anti-dumping duties would have been applicable applied. However, since the same goods came from Indonesia, you have no problem. Nevertheless, you are walking on thin ice, as evidenced by the case law of the Court of Justice. An anti-dumping duty can be applied retroactively. Additionally, a customs agent faces extra risks with a declaration for goods that may be subject to an anti-dumping duty if it receives the status of 'suspended verification'.

More...
All publications in Additional assessment (UTB)