highseas sale

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Querist : Anonymous

Querist : Anonymous (Querist)

19 July 2011 if import is sold intransigent then what is the tax treatment of high seas sales

CS Bijoy

CS Bijoy (Expert)
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20 July 2011 High sea sale means that before reaching it is sold by the importer to the buyer. and duty will be paid by the buyer.

Querist : Anonymous

Querist : Anonymous (Querist)

20 July 2011 yes now what is the tax treatment for this sale

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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28 July 2024 When dealing with high seas sales, especially in the context of imports, it's important to understand how the tax treatment works. High seas sales refer to transactions where the sale of goods is made while the goods are still on the high seas (i.e., in transit) before they reach the destination country.

### **Tax Treatment of High Seas Sales**

**1. **Goods Sold on High Seas:**
- **High Seas Sale Definition**: High seas sale refers to the sale of goods from one party to another while the goods are still on the high seas, before they reach the destination country. In this scenario, the seller makes a sale while the goods are en route to the destination country, and the buyer takes over the shipment and responsibility for the goods.

**2. **Customs Duty and Taxes:**
- **Customs Duty**: The customs duty is usually calculated based on the value of the goods as per the sale invoice. For high seas sales, the customs duty is assessed on the invoice value of the goods as received by the final buyer in the destination country, including any mark-up or profit from the high seas sale.
- **Tax Treatment in India**:
- **Import Duties**: For high seas sales in India, the final buyer is responsible for paying the customs duty on the CIF (Cost, Insurance, and Freight) value plus any additional amount charged in the high seas sale.
- **GST/VAT**: As of GST implementation in India, the tax treatment of high seas sales is as follows:
- **GST**: Goods sold on high seas are subject to GST under the reverse charge mechanism. This means the buyer (importer) is liable to pay GST on such transactions. The GST rate applicable will depend on the type of goods being imported.
- **VAT/Sales Tax**: Prior to GST, VAT or Sales Tax would apply based on state laws, but GST has replaced these for most goods.

**3. **Invoicing:**
- **High Seas Sale Invoice**: The invoice for high seas sales should reflect the transaction value at which the goods are sold on the high seas. The invoice value will include the CIF value plus any additional markup or margin for the sale. This value is crucial for determining the correct customs duty and GST/VAT.

**4. **Documentation:**
- **Documents Required**: Proper documentation is essential for high seas sales. This includes:
- Sale invoice between the original seller and the high seas seller.
- Invoice between the high seas seller and the final buyer.
- Bill of Lading or shipping documents showing the transfer of title.
- Customs declarations and other related documentation.

**5. **Reporting and Compliance:**
- **Customs Compliance**: Ensure compliance with customs regulations by accurately reporting the transaction value and paying the appropriate customs duties and taxes.
- **GST Returns**: For high seas sales, the GST on imports should be reported and paid in the GST returns filed by the importer. Proper accounting and documentation are critical for compliance.

### **Example:**

Suppose a company in India purchases goods from a supplier in Singapore, and these goods are sold on the high seas to a buyer in India. Here’s how the tax treatment works:

1. **Invoice at High Seas Sale**:
- CIF Value of Goods: $10k
- High Seas Sale Markup: $500
- Total Invoice Value: $10.5k

2. **Customs Duty Calculation**:
- Customs Duty on $10.5k (as per the applicable rate)

3. **GST/VAT**:
- GST will be calculated on $10.5k (at the applicable GST rate for the goods).

4. **Documentation**:
- Ensure that the sale invoice and shipping documents accurately reflect the high seas sale and the customs duty/GST liabilities are properly reported.

### **Conclusion:**

In summary, high seas sales involve complex tax treatment and regulatory requirements. The key points include:

- **Customs Duty**: Based on the high seas sale invoice value.
- **GST**: Applicable on high seas sales, paid by the importer.
- **Documentation**: Properly maintained to support the sale and customs declarations.

Always consult with a tax professional or customs consultant to ensure compliance with current regulations and accurate reporting of high seas sales.