11937 customs duties and IVA on gifts

I wonder if anyone has any advice or direct experience with this. I received a present from my family in the US today. They had indicated "gift" on the package and entered the commercial value of $200 for insurance reasons (this was a genuine gift by the way, not a way to try and get out of paying customs!)

On signing for it I had to pay 60 euros (presentation in customs, postage from customs to local post office, customs duties and VAT).

I always thought you didn't have to pay things like this on presents between private individuals. Can anyone shed any light on this? Much appreciated.

Category
Legal

You might want to check what's on the Dogane website ([url=http://www.agenziadogane.it/wps/wcm/connect/ed/Servizi/URP+telematico/faq_en]Frequently Asked Questions: The FAQs are arranged by topic[/url]) as it states:
[quote=www.agenziadogane.it]Question – Gift coming from a non - EU country:
A person sent me a gift from a non-EU country and I had to pay the customs duties even if on the dispatch note it was indicated “gift”. I would like to know how the customs duties are calculated in this case.

Answer: From the customs point of view; the legislation in force provides that relief from import duties is granted when:

the goods are shipped by an individual to another individual
the shipment is commercial-free;
it is free of any charge;
it doesn’t exceed 45 euros for each shipment
(Regulation EEC n918/83, Ministerial Decree n. 489 art. 7/9 dated5 December 1997).
Any other information can be found in the circular noten.22/D dated 05/05/04 available on the Customs Agency website([url]www.agenziadogane.gov.it[/url]), in the section "Norme Doganali" - Circolari - Anno 2004".
[COLOR="red"]If this is not the case, it should be noted that generally speaking upon the introduction in Italy of non-UE origin goods, the importer must pay:
[LIST=1]
[*]the customs duties ( if stated) on the transaction value (value including the transportation fees and insurance) and the rates vary according to the goods to import:
[*]VAT (at 20%) calculated on the mentioned transaction value increased by the customs duty rate. [/LIST][/COLOR]
It’s necessary to exactly establish the kind of goods also from the product point of view both in order to apply the related tax and customs treatment and check whether any import restriction or licence is applicable in this respect. You can verify the necessary information by accessing the web page “La Tariffa Doganale (TARIC)" or the Customs Agency website ([url]www.agenziadogane.gov.it[/url]).
The final classification of goods is established by customs officers only upon their presentation to customs [/quote]

In reply to by Anonymous (not verified)

i think, it comes a massage from a company and give you gift but be aware all company is not true to his word. by the way you can get advice from an IVA company as it is a matter of IVA gift they can tell you all details of it. get advice from IVA-Advice.co that i think will be helpful for you but remembe my speech.

May I add that in my experience there is no logic to who is charged and who is not charged. The aggravation was just to much bother so I had to pay duty on a book sent from the USA by family but a Dutch friend ordering clothes from USA for her small daughter paid nothing. They seem to "play it by ear".

I would agree with Noble and I think that they "play it by ear" worldwide.

I would agree that it does seem to be very hit and miss!
I occasionally order goods from USA - the first order, I received a phone call from a PO in Rome re the order and had to send proof of payment, copy of CF and a copy of the order by fax, I then had to pay all the customs fees. The second order arrived, no phone call and I had nothing to pay, the third no phone call but custom fees to pay - all were about 6 months apart and for a similar value. We have also had to pay customs fees for Christmas presents sent from Switzerland (non EU) but only, it seems on alternate years! I do think it all depends upon who is on duty at the time it arrives in Rome and the sort of mood they are in as to how they interpret the rules!

PS : the customs fees are related to value so you will pay more for higher value parcels