I have a company that takes orders in India. We have stock in the USA. We ship it from the US on receipt of money in our bank. The shipper on record is my supplier X. The invoice is raised by me Y. The consignee is the end customer Z.
The invoice is billed to Z by Y in USD and INR equivalent in the invoice. The shipping documents have X as the shipper and Z as the consignee. I do have an invoice from the supplier X to me Y in USD. There is a 4% markup in my invoice to the end customer.
Is this counted as a high sea sale ? I guess not as the sale is before its shipped out. Is there anything wrong in this transaction ? Am i allowed to do a sale prior to receiving the goods while they are in another country ? What are the tax implications ? Basically my objective is to make the end customer the importer of record.
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Sale While goods in Another Country
yes.
High Sea sales (HSS) is a sale carried out by the carrier document consignee to another buyer while the goods are yet on high seas or after their dispatch from the port/ airport of origin and before their arrival at the port / airport of destination.
please noted that B/L should be endorsed in favour of the new buyer. In respect of air shipment, HSS seller should write to the airline / consol agent informing that a HSS agreement has been established with the HSS buyer and that the carrier document should therefore be considered as endorsed in favour of the HSS buyer and further the IGM should be filed by the carrier in the name of the HSS buyer.
Is it ok to do a transaction where i raise an invoice to the buyer while the goods are in the US, I then ship it to him directly from USA ? This will not be a high sea sale. Will this transaction have VAT. The money is paid into our Indian bank account. The goods will be imported in the name of the end buyer.
LINK IS :-
https://www.infodriveindia.com/Notifications/Customs-Valuation-Rules-1988-Determination-11972.aspx
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