Service Finder
Reporting the transportation of untaxed tobacco products
Service Description
If you transport tobacco products without them already being subject to tobacco duty, this is referred to as "transportation under suspension of duty". The tax is suspended as long as the tobacco products are on their way to their final destination, where it may then be levied. Alternatively, the tobacco products can be used tax-free after transportation under certain conditions or placed in a tax warehouse under tax suspension.
Transportation under duty suspension is generally possible in the following cases:
-
You are authorized to transport tobacco products within the German tax territory. Transportation is possible
- to another tax warehouse. A tax warehouse is a location approved by the main customs office where tobacco products may be manufactured, processed, treated, stored, received or dispatched under tax suspension.
- to businesses that are allowed to use the tobacco products tax-free.
- to so-called beneficiaries, for example foreign armies, diplomatic missions and consular representations.
- tobacco products imported into the German tax territory from a country outside the European Union (third country or third territory) and transported on to a tax warehouse, users or so-called beneficiaries.
- You are authorized to transport tobacco products within the European Union. This includes transportation from, to or via other European member states.
- You are authorized to transport tobacco products to a location outside the European Union, i.e. to a third country or third territory.
If you wish to transport tobacco products under duty suspension, you must notify the customs authorities for excise duty monitoring. The various transport steps are recorded in a database, the computerized Excise Movement and Control System (EMCS). If irregularities occur during transportation, the duty suspension ends and the tobacco products must be taxed.
A simplified procedure applies if you only transport to users' businesses in the German tax territory.
With the appropriate authorization from the main customs office, you can transport tobacco products as a tax warehouse holder or registered consignor without using the electronic EMCS procedure in a simplified procedure under duty suspension.
Process flow
As a rule, you must submit the notification of transportation electronically. You can use the customs administration's online procedure for this purpose:
- Call up the Customs Administration's "Internet EMCS application" ("IEA") and follow the instructions for declaration.
- Click on the "Create new process" button on the start page of the application. Add the "e-VD" form (electronic administrative document) to the process.
- Complete the "Draft e-VD" form and save it. If necessary, follow the instructions for missing information or subforms.
- Select the "Sign" option to send the declaration to your main customs office.
- The EMCS application automatically checks your declaration.
- If the verification of your declaration was successful, you will receive a message in the Internet EMCS application with a summary of the data you have submitted. If not, you will receive an error message.
- You will also receive a reference number for the EMCS process (Administrative Reference Code, ARC) and a PDF document with a list of the process data. The printed PDF document or a commercial document showing the reference number is used to accompany your goods.
- If the recipient has confirmed receipt of the goods in the EMCS after their arrival, you will receive the "notification of receipt" message, possibly together with further information, for example in the event of a complaint.
- If you do not send the goods, but receive them, you must create such a notification of receipt as the recipient. To do this, use the "Notification of receipt" form in the Internet EMCS application.
Alternatively, you can use certain software certified by customs to declare a transport under suspension of excise duty.
In some cases, there are exceptions to the obligation to declare transportation electronically. In this case, you must submit the declaration in writing:
- Find out about the so-called default procedure (paper procedure) on the customs administration website.
- Follow the customs administration's instructions on the respective procedure, the requirements and the necessary forms.
The main customs office in whose district you operate your business or, if you do not operate a business, in whose district you are resident, is responsible. If your company is operated from a location outside Germany or if you do not have a place of residence in Germany, the main customs office in whose district you first appear for tax purposes is responsible.
Requirements
If you are obliged to do so, you must report the transportation electronically in advance via the EMCS application.
Which documents are required?
- As a rule, you do not have to submit any documents.
- For deliveries to so-called beneficiaries, e.g. foreign armies, diplomatic missions and consular representations, a copy of the exemption certificate (issued by the beneficiary) must also be included.
What are the fees?
There are no costs for accepting the notification of transportation.
If tax matters appear to be at risk, you may have to provide a security for the transportation to the main customs office. A security must always be provided for transportation to or via other member states and must be valid in all member states.
What deadlines do I have to pay attention to?
- for dispatch: submission of the notification of transportation at the earliest 7 days before the start of transportation, in any case before the start of transportation
- on receipt: submission of the notification of receipt immediately, at the latest 5 working days after arrival of the goods
Processing duration
Processing the technical registration for the "Internet EMCS application" (communication master data) usually takes 2 to 4 weeks.
Legal basis
Applications / forms
- Objection
- In the event of an irregularity during transportation under suspension of excise duty, tobacco tax is due and you will receive a tax assessment notice. Detailed information on how to lodge an objection in this case can be found in your tax assessment notice.
- Appeal to the tax court
Appeal
Forms: yes
Online procedure: yes
Written form required: yes
Personal appearance required: no
Further Information
Author
The text was automatically translated based on the German content.
- Tobacco tax - notification of transportation under suspension of excise duty Reception
Remark: Display of performance in the source portal
Technically approved by
Federal Ministry of Finance
Professionally released on
24.02.2021
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Generalzolldirektion (GZD), Direktion II Teilnehmermanagement (ATLAS, EMCS, AES)
Address
92637 Weiden i.d.OPf.
Description
Registration for participation in the EMCS electronic procedure
Further Authorities
Address
01099 Dresden, Stadt
Telephone
+49 228 303-26020Remark: For private individuals
Telephone
+49 228 303-26030Remark: For companies
Fax
+49 351 44834-590DE-Mail
auskunft-zoll.gzd@zoll.de-mail.dePostal address
01077 Dresden, Stadt