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Knowledge base

Customs value of a used auction machine

The hammer price is rarely the whole customs value. The customs code says exactly what is added and what stays out, and those lists are closed.

The customs value of an auction machine rests on the transaction value, that is the price actually paid or payable, increased by the additions listed in the customs code. Those include charges that are a condition of sale, and transport and insurance up to the place where the goods are brought into the customs territory of the Union.

The price actually paid or payable is, under Article 70(2) of the Union Customs Code, the total payment made or to be made by the buyer to the seller, or by the buyer to a third party for the benefit of the seller, for the imported goods, and it includes all payments made or to be made as a condition of sale of the imported goods.

Why that wording is decisive at auction

At auction the buyer usually pays more than the hammer figure. Auction house charges are added, and not paying them simply means not collecting the machine. The definition in Article 70(2) covers payments to a third party for the benefit of the seller and all payments that are a condition of sale, so charges of that kind generally enter the customs value. The practical conclusion is simple: the figure to declare is not the number on the screen when the bidding stops, but the total that follows from the settlement with the auction house. It is worth walking through the treatment of specific invoice lines with the agency before clearance, because auction terms differ between houses.

What gets added

Article 71(1) of the customs code lists the additions, and the list is closed: paragraph 3 states that no additions are to be made to the price actually paid or payable except as provided in that article. For an auction machine two items matter most. The first is commissions and brokerage, with an express exception for buying commissions. The second is the costs up to the place where the goods are brought into the customs territory of the Union: the cost of transport and insurance of the imported goods, and loading and handling charges associated with their transport. Additions are made only on the basis of objective and quantifiable data, so the figures must come from documents rather than an estimate.

What is left out entirely

  • The cost of transport of the imported goods after their entry into the customs territory of the Union, that is the leg from the port to the buyer's premises.
  • Charges for construction, erection, assembly, maintenance or technical assistance undertaken after entry into the customs territory, and the provision names industrial plants, machinery and equipment in that context. On a machine needing foundations and commissioning this can be a large figure.
  • Interest under a financing arrangement entered into by the buyer, where the arrangement is in writing and the conditions in the provision are met.
  • Buying commissions, that is the fee of the buyer's own agent who bid on their behalf.
  • Import duties and other charges payable in the Union by reason of the import or sale of the goods.

Currency: when the pounds are converted

British auctions settle in pounds, and the declaration requires conversion. The rate is not a free choice. Implementing Regulation 2015/2447 provides in Article 146 that for Member States whose currency is the euro the rate published by the European Central Bank applies, and for the others the rate published by the competent national authority. The rate used is the one published on the second last Wednesday of each month, and where no rate was published on that day, the most recently published rate applies. The rate then applies for a month, beginning on the first day of the following month. In practice this means the rate for a clearance is known in advance and does not shift from day to day.

When the authority will query a low price

A bargain price does not in itself destroy the transaction value. A machine sold quickly at a liquidation auction really can be cheap, and that is the real price. Article 70(3) does, however, set conditions for using the transaction value, including no restrictions on the disposal or use of the goods, no condition or consideration for which a value cannot be determined, and that the buyer and seller are not related or that the relationship did not influence the price. Where the transaction value cannot be used, Article 74 requires proceeding sequentially to the secondary methods, based on the value of identical goods, similar goods, a unit price or a computed value. That is why proof of payment and the auction terms matter so much: they show the price is real rather than arranged.

A practical order of calculation

Start from the amount actually paid to the auction house, as shown by the invoice and the transfer. Add transport and insurance and the loading and handling charges up to the point where the machine is brought into the customs territory of the Union, itemised separately. Strip out everything that happens beyond that frontier: the domestic leg, foundations, commissioning, training. The result is the base for duty. The taxable amount for import VAT is calculated separately and is wider, because it also takes in duty and incidental costs, as covered in procedure 42 when importing a machine from the UK. The general rules on additions are gathered in customs value, and a worked example in how duty is calculated.

Our part in it

We organise and run clearance on both sides as part of the job, working with our regular customs agencies, and we invoice the carriage in a way that separates the leg up to the EU frontier from the leg beyond it. That small thing genuinely changes the base. The value of the goods is declared by the buyer from their own documents: we do not appraise machines and we do not give tax advice. If an auction price is well away from the market, we say so early, so the buyer can prepare documents for a possible query rather than hunting for them six months later.

Sources

Unsure what to add to the customs value of your machine? Send the auction settlement through the contact form and we will walk the lines through with our customs agency before clearance. This text is general information, not customs or tax advice.

Frequently asked questions

Does the auction fee added to the hammer price form part of the customs value?
As a rule yes. Article 70(2) of the Union Customs Code defines the price actually paid or payable as the total payment made by the buyer to the seller, or to a third party for the benefit of the seller, including all payments made as a condition of sale of the imported goods. A charge without which the machine cannot be collected has exactly that character. The treatment of specific lines on an auction settlement is worth confirming with the customs agency before the declaration is lodged.
Is the cost of transport to Poland included in the customs value?
Only the leg up to the place where the goods are brought into the customs territory of the Union. Article 71(1)(e) of the Union Customs Code requires transport and insurance costs and loading and handling charges up to that place to be added. Article 72(a) excludes from the customs value the cost of transport after entry into the customs territory. It is therefore worth invoicing the carriage so the two legs can be separated, because a cost merged into a single figure tends to be added in full.
Will a low price from a liquidation auction be challenged?
Not automatically. The transaction value is the price actually paid, and a quick auction sale genuinely can be cheap. Article 70(3) of the Union Customs Code does set conditions for using it, including no restrictions on the disposal or use of the goods and that buyer and seller are not related, or that the relationship did not influence the price. Where those conditions cannot be met, Article 74 requires proceeding sequentially to the secondary methods. Proof of payment and the auction terms are the best protection.

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