Section 3: Taxable amount

§ 11 Taxable amount for importation

(1) In the case of an importation (§ 1paragraph 1 number 4), a transaction shall be assessed on the basis of the value of the imported goods in accordance with the respective regulations pertaining to customs value.

(2) If goods are exported, processed in a third country territory for the account of the exporter and have been re-imported by such person or on his behalf, by way of derogation of paragraph 1, the transaction shall be assessed on importation on the basis of the consideration payable for the processing or, if such consideration is not to be paid, on the basis of the increase in value resulting from the processing. This shall also apply if the processing consists of repairs and in place of the repaired goods, goods demonstrably equivalent to the repaired goods, in terms of quantity and quality, are imported. Paragraph 1 shall apply in the event that the imported goods were supplied prior to import and this supply is not subject to VAT.

(3) The amounts listed below must be added to the taxable amount in accordance with paragraphs 1 and 2, if they are not included therein:

1. the amounts for import duties, taxes and other duties owed abroad on the imported goods;

2. the amount of import duty attributable to the goods at the point in time that import VAT is incurred and the amount of excise duties owed excluding import VAT provided that such taxes are unconditionally incurred;

3. the costs attributable to the goods in negotiating their supply and transport, as well as for supply of services provided up to the first destination point within Community territory;

4. the costs mentioned in number 3 up to an additional destination point within Community territory, provided that this was already determined at the point in time at which import VAT was incurred.

(4) Not included in the taxable amount are price reductions and refunds relating to the imported goods and which had already been determined at the time when import VAT was incurred.

(5) The relevant regulations relating to the customs value of the goods, which are stipulated in the legal acts issued by the Council of the European Union or the European Commission, shall apply to the conversion of amounts denominated in foreign currency.