You can also read other articles about deep seas selling on this website to get a clear idea of the offshore sales industry. When auditing offshore sales, the following aspects should be taken into account: Below you will find the model offshore purchase agreement as a reference: in this case we must use 200 RS buffer paper for the agreement. Can different countries be involved in terms of sales on the high seas? z.B. Original shipment from India to Singapore, can it be diverted to Myanmar on the high seas? Would the shipping company object to the COD (change of destination) application if we disclosed such a sale on the high seas before the initial shipment? In this article, I will discuss audit considerations for marine sales. Therefore, in an offshore sales transaction, the final purchaser is also responsible under the GST for paying the GST and providing the necessary documents, as required by customs for the clearance of the goods. very briefly told. would be preferable if the conditions for sale on the high seas were met. Offshore sale transaction means a sale transaction that is carried out when the goods are actually on the high seas, i.e. during maritime transit between the port of loading and the port of discharge. The date of the transaction (agreement) must be between the date of the bill of lading and the date of arrival of the ship at the port of discharge. Deep-sea sales are mainly conducted by merchants who buy in bulk and then look for buyers in the destination country.
The benefits of HST are such that (1) the goods are available to final buyers in a short period of time, (2) Even instead of buying the entire delivery, small quantities can also be purchased for end buyers, and (3) first-time buyers can buy large quantities of goods at cheap/reasonable prices and sell them to end buyers at the best price. The disadvantages of HST are such as (1) cumbersome documentation/procedures and (2) charging prices for customs valuation. How to distinguish sales on the high seas between imports? In accordance with the provision of Article 7(2) of the IGST Act, the supply of goods during importation into the territory of India until they cross the customs borders of India is considered a supply in the context of interstate trade. Therefore, the GST would apply to the transaction. However, the timing of the GST investigation would be different for foreign sales than below. As the shipment took weeks to arrive, there was plenty of time to do the paperwork necessary for sales transactions while the cargo was in transit. First, let`s understand the meaning of marine sales and other related definitions to gain comfort under these terms. What is the difference between deep-sea sales and imports? The last buyer in the chain and importer should provide the entire chain of documents, such as the original invoice, the maritime purchase contract, details of service fees/commissions paid, etc., to establish a link between the first contract price of the goods and the last transaction. we can issue the tax invoice before the departure of the ship for the sale of the high seas 8.
In HSS contracts, the HSS seller may not wish to disclose the import value to the HSS buyer. However, Customs may request the original import invoice, in which case the HSS seller may have to part with this information. To overcome this problem, the HSS seller must assume responsibility for customs clearance and on-site delivery. After customs clearance, the HSS seller could withdraw the import invoices and only hand over the release documents with HSS approval to the HSS buyer. The custom BOM does not specify an original import value and is prepared for the HSS value. in India, we can also do as its transfer of documents sale in transit. Suppose that in Chennai the order to the seller in Bangalore and the buyer of Chennai wants to resell since it is 13 years old. The SHS also applies to goods imported by air. The sea appearing in the SHS should not be constructed by its grammatical meaning.
As long as the sale is formalized after shipment from the airport/port of origin and before arrival at the first port of discharge/airport at destination, such a sale is considered HSS. Sale on the high seas refers to a sale in which goods are sold when they are on the high seas, i.e. The sale transaction takes place when the goods are in transit before they are cleared through customs. The main advantages of sales on the high seas will be that the original importer can buy them at a lower cost and sell them at a profit, for the original buyer he can buy goods in a short time, where importing from the country of origin takes longer, moreover, he is not obliged to buy the entire shipment, he can buy a partial delivery according to his needs. As a buyer, you should understand that ownership of the goods must be transferred after the purchase agreement and before the shipment enters the jurisdiction of India and therefore the buyer bears the costs of customs clearance. 15. If the SHS is not afraid to disclose the original import values to the HSS buyer, in this case, from the point of view of customs clearance, it is preferable for the seller to confirm the B/L, invoice, packing list in favor of the HSS buyer. The note should read as follows: „Transferred on the basis of ocean revenues to M/S——— for a counterparty selling rupees ——–„. Such a note must be stamped and signed by the HSS seller. After the sale of the goods on the high seas, customs declarations, i.e. the entry note, etc., submitted by the person who purchases the goods from the original importer during the sale.
In the past, the CBEC has issued various offshore sales instructions, in which the contract price paid by the last offshore seller was included in the customs valuation. The overseas sale buyer in Delhi accepts the documents sent by the foreign seller and if the payment between the two is LC or DP on sight, the buyer in India will transfer the invoice for the products to the seller before retrieving the documents. Only in the event that the agreement between a seller on the high seas in India and a foreign seller is under a credit agreement, the buyer will transfer the invoice for the products according to the agreed credit term. The waybill (or air waybill) is confirmed by the buyer in India and transfers ownership of the goods to the buyer in Mumbai. The ocean selling process involves a foreign seller (let`s say the United States) delivering products or items to a buyer in India (say Delhi), and after completing the export process, the foreign seller tends to file all the necessary documents with their bank with the seller. 4. When concluding the HSS agreement, the B/L must be confirmed in favour of the new buyer. With respect to air transportation, the HSS Seller must write to the Consol Airline/Agent to inform them that an HSS agreement has been entered into with the HSS Buyer and that the Airline`s document should therefore be considered approved in favor of the HSS Buyer and that the IGM must be submitted by the Carrier on behalf of the HSS Buyer. For offshore sales, the GST Board has decided that the IGST on deep-water sales of imported goods, whether one or more, will only be levied and withdrawn at the time of importation, i.e.
when import declarations are first presented to customs authorities for customs clearance. In addition, any added value generated by such a sale on the high seas is part of the value at which the IGST is invoiced at the time of release. Thus, the final purchaser would be responsible for paying GST on the total value of the goods plus any value added at the time of importation. (Learn more about GST when importing) Offshore sales are still used by many companies as part of their business. However, the concept can sometimes be at odds with some guidelines aimed at undermining the tax base with respect to finance and accounting in the supply chain. With the introduction of new tax treaties, the international community may eventually need to agree on the implementation of restrictive rules and regulations globally for the continued use of the HSS model. .