The Aksay District Court of the Rostov Region sided with a motorist in a dispute with customs regarding additional assessment of the recycling fee for a car imported from Kazakhstan.
The woman had already paid 844,800 rubles in recycling fees when importing a new locally assembled car. However, Rostov Customs later demanded that she pay an additional 1.18 million rubles and also assessed a penalty of 397,000 rubles, determining that the calculation should be carried out using the so-called compensation formula, which takes into account the difference in duties, VAT and excise taxes between the EAEU countries.
The court disagreed with this position. The decision stated that at the time of the calculation, the citizen did not have the customs declaration required to apply the compensation method. Furthermore, when registering the vehicle, she relied on the vehicle title data and believed in good faith that the vehicle was manufactured in Kazakhstan and classified as goods of the Eurasian Economic Union, which precluded recalculation using the specified formula.
As a result, the customs authorities’ demands for additional recycling fees were rejected. The court’s decision has not yet entered into final force and can be appealed.
