VATupdate

ECJ C–509/19 (BMW vs. DE) – Judgment – Value of ‘free’ software to be added to the Customs Value of Imported electronic products

ECJ: the value of software supplied free of charge should be added to the customs value of imported goods irrespective of the fact that the software was developed in the EU.

Question referred:

Should the development costs for software that has been produced in the European Union, made available to the seller by the buyer free of charge and installed on the imported control unit be added to the transaction value for the imported product pursuant to Article 71(1)(b) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 1 if they are not included in the price actually paid or payable for the imported product?

Verdict:

Article 71(1)(b) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code must be interpreted as allowing, for the purposes of determining the customs value of imported goods, the economic value of software designed in the European Union and made available free of charge by the buyer to the seller established in a third country to be added to the transaction value of imported goods.

Source: Curia

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