Goods are valued at R $ 23 million and would be sold by wholesale companies in the capital of São Paulo.
Jan 9, Sao Paulo: In action in the state of São Paulo, the IRS seized approximately 300 tons of imported goods due to fraud/simulation, valued at R $ 23 million. This involves the importation, by the same company, of 10 40-foot containers loaded with approximately 1.2 million pieces of clothing, of which 888 thousand were not declared on commercial invoices. The same fraudulent modus operandi was found in the import of the 10 cargoes.
The importer stated on the commercial invoice that there was a large number of raincoats, plastic bags and pairs of socks - all of which are insignificant - and a few pieces of clothing, of comparatively higher values.
However, in the physical check of the charges withheld by the inspection, the IRS found a large number of pieces of clothing of greater value and a small number of other articles of lesser value. Thus, with the inversion of quantities, commercial invoices showed total values three to four times lower than the actual totals of the loads actually brought from abroad by the assessee company.
In addition, the import declaration would have hidden the real buyers of the goods. Almost all the clothes brought from abroad contained brands belonging to dozens of wholesale companies in the Brás neighbourhood, located in the capital of São Paulo, which would be the real buyers of the products.
The action started at the Customs of the Federal Revenue in Santos (SP). Although the cargo is under tax action, the importer was able to file a lawsuit to take it in customs transit to other locations.
Customs transit is the special regime that allows the transport of goods, under customs control, from one point to another in the customs territory, with the suspension of the payment of taxes (Decree-Law No. 37, of 1966, art. 73, caput).
After the completion of customs transits in compliance with the judicial determination, the Customs of the Port of Santos conducted the special inspection procedure in relation to the 10 cargoes.
The tax lawsuit has resulted in administrative sentences of loss of cargo. The most common destination for cargo seized by the IRS is the electronic auction, accessible to anyone interested on the IRS website and whose collection is destined to the National Treasury.
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