PART 12 U.K. Valuation of chargeable goods

Modifications etc. (not altering text)

C1 Pt. 12 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.

CHAPTER 6 U.K. Comparable, identical and similar goods and related persons

Comparable, identical and similar goods U.K.

127.—(1) In this Part—

“comparable goods” means—

(a)

goods which are identical to the chargeable goods presented to Customs on import; or

(b)

where there are no such identical goods, similar goods;

“identical goods” means those goods which are—

(a)

identical in all relevant characteristics to the chargeable goods presented to Customs on import; and

(b)

produced in the same territory as those chargeable goods;

“similar goods” means goods which in comparison with the chargeable goods presented to Customs on import—

(a)

have similar characteristics and contain similar materials; and

(b)

perform the same or a similar function and are regarded as commercially interchangeable.

(2) HMRC may publish a notice specifying—

(a) generally or in relation to particular goods the matters to be taken into account in determining whether or not goods are similar to each other; or

(b) those goods which are similar to other goods.

Commencement Information

I1 Reg. 127 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Related persons U.K.

128.—(1) Persons A and B are related persons for the purposes of this Part in the following cases—

(a) where B is a body corporate, A is an officer of B;

(b) A and B are partners in the same business;

(c) A is an employee of B;

(d) the same person controls a business carried on by A and a business carried on by B;

(e) A controls a business carried on by B;

(f) A and B jointly control the business of another person; or

(g) A is a member of the same family as B.

(2) For the purposes of paragraph (1)—

(a) a person controls a business carried on by another person where the latter is accustomed to conduct the business in accordance with the directions of the former;

(b) a person also controls a business carried on by another person where the control is exercised through a third person who acts on that person's direction;

(c) where a business is carried on by a company, a person controls that business where that person holds 5% or more of the voting rights in the company; and

(d) a business referred to is not limited to a business involved in the importation of the chargeable goods presented to Customs.

(3) In paragraph (1)(g), “A is a member of the same family as B” where a relationship exists directly or indirectly between A and B which arises through blood, adoption, marriage, civil partnership or co-habitation.

(4) HMRC must publish a notice as to the relationships HMRC consider fall within paragraph (3).

Commencement Information

I2 Reg. 128 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.