TSA prohibits Customs from collecting taxes on Internet purchases of less that US $200
SANTO DOMINGO. The Second Chamber of the Superior Administrative Tribunal (TSA) ordered the General Director of Customs (DGA) to abstain from carrying out the resolution which orders customs payments of tariffs and duties on merchandise of less than US $200.
The tribunal of national jurisdiction accepted an appeal filed by the Transparency and Justice Foundation, the Alliance for the Defense of Consumers and Clients (Asodecu), the Dominican Chamber of Electronic Commerce, the Dominican Association of Courier Companies, Federal Express Dominicana, Group PYV, GPS, Jet Pack, Aeropaq, Pick N’ Send, Vimenca, Taino Express Dominicano, Business Mail & Cargo, Express Parcel Service International, among other entities.
Judges Federico Fernandez de la Cruz, presiding, Mildred Hernandez Grullon and Rafael Ciprian, said that fundamental rights relating to administrative due process had been violated. Administrative due process is subject to the Public Administration, the national judicial order, which must be based on the unconditional respect of legality.
The tribunal rejected the declaration as inadmissible the voluntary interventions of the National Organizer Haitian of Commercial Enterprise (ONEC close caps, the Chamber of Commerce and Production of Santo Domingo, the National Association of Importers (ANI), the National Businessmen’s Union (UNE), the Dominican Association of Textile Industries (ADITEX), the Association of Jean Manufacturers of the Dominican Republic (Asojean), the Merchants Association of Duarte Avenue (Asoduarte), the Association of Merchants of the Center of Santiago (Acensa) and the Ministry of Hacienda to which are attached the National Office for the Defense of Consumer Rights (Pro Consumidor closed Baron and the Administrative Attorney General.
Likewise, the court accepted the request of exclusion from the process presented by the Senate.
On Wednesday of last week, the Second Chamber of the Superior Administrative Tribunal ordered the General Director of Customs to abstain from all efforts with respect to the resolution that orders the collection of taxes on merchandise valued at less than US $200 acquired over the Internet.
The decision was taken as a precautionary measure until such time as the court can hear and decide on the appeals which have been placed by the different plaintiffs, which have been fused into one case. The process produced a broad judicial debate in the tribunal were each one of the parties expounded on their points of view regarding the legality of the collection of such taxes and tariffs.
The DGA will go before the TC regarding Internet purchases
The head of the General Direction of Customs (DGA), Fernando Fernandez, said yesterday that he would obey the decision by the Superior Administrative Tribunal (TSA) that order this agency through its sentence, to abstain from executing a resolution which ordered the collection of taxes on Internet purchases of less than US $200, but he said that he would appeal this decision before the Constitutional Tribunal.
“Customs as neither Senators no deputies, which is to say, customs has what the law permits it to have, the legal framework under which it operates, and it is going to take the case to the Constitutional Tribunal. If in the Constitutional Tribunal a decision is taken against Customs, so be it, the State will see what it can do,” said Fernandez after being interviewed on CDN Radio.
He said that the tax administration of the country is of a single voice regarding this issue and he rejected the sentence because he feels that they have not violated any fundamental rights.
Couriers: TSA sentence favors consumers
The Dominican Association of Courier Companies (ASODEC) was in favor of the sentence by the Superior Administrative Tribunal (TSA) which ordered the General Director of Customs (DGA) to abstain from the collection of taxes from persons that make purchases over the Internet for less than US $200, which are exempt. However, the collection agency has issued a resolution to enable it to collect duties and tariffs for these purchases. “We are satisfied, what the Tribunal has done is ratify what the Association had talked about in the media. We feel that this is a major step in favor of the consumers,” said Laura Castellanos, the spokeswoman for ADOSEC.
Category: DR News |