Item held by customs until I pay tax; what are my options?

Item held by customs until I pay tax; what are my options? - Side view of ethnic male wearing casual clothes standing near showcase and cash register while buying food in grocery store

I just arrived in the UK yesterday, from the US, carrying a piece of jewelry, which I intend to carry with me for the following months before I give it to someone at the right time and place, then presenting it to a special someone.

Immigration discovered the jewelry while searching my bags for unrelated reasons*, and informed me that I should discuss the jewelry with customs later to see if a duty needed to be paid, which I did.

The relevant bit is, because the intended recipient is an EU citizen (with dual Spanish/Guatemalan citizenships), currently living in the UK, even though I will not be giving the gift to her in the UK (or in the EU--I intend to gift the item in January in Guatemala, after she has moved back home to her family), the customs agent determined that I must pay a tax of £510 before I can retrieve my item.

As I did not have that much money available when I arrived, I said I would return Friday to pay the tax and collect the item.

Aside from trying again, most likely in vain, to explain that I will retain the item for the duration of my stay, do I have any possible recourse? Can I ship the item out of the EU rather than collecting it in the airport? Or could I board a flight leaving the EU with the item, rather than paying the tax? Or anything else?


*While I believe the details of the search are irrelevant to this question, it's been asked about many times, and it's reasonable that it might be relevant under some circumstances, so I will elaborate:

  • I arrived without a booked ticket for onward travel, which raised suspicion
  • I had only carry-on baggage, which further raised suspicion
  • I arrived with minimal cash, and primarily debit/credit cards
  • After some questions about my work, financial means, etc (all routine), the immigration agent searched my bags
  • When he came across the ring, I explained its purpose, and he called over a coworker, and they agreed that I should discuss it with customs, even though I wasn't planning to leave it in the UK
  • After the immigration agent was done with me, he simply showed me to the customs area, and left me. He made no effort to follow me, or hand me over directly to customs, so he didn't appear to have any worries that I would try to evade customs.

I have entered the UK multiple times under identical circumstances (most recently less than a month prior), and have never gone through a search, so I didn't think anything of it. The particular agent, however, was training a new recruit, may have made him examine everyone more closely for training purposes, but for whatever reason, as luck would have it, he chose to search my bags, although that has never happened before to me.



Best Answer

I arrived in the UK ... carrying a piece of jewelry

So you intended to import an expensive, dutiable bauble into the UK.

They discovered the jewelry while searching my bags

You did not declare the bauble to HM Customs upon arrival.

because the intended recipient is an EU citizen currently living in the UK

And intend to give said bauble to a local resident.

even though I will not be giving the gift to her in the UK (or in the EU--I intend to gift the item in January in Guatemala)

And she intends to bring this item back to the UK, probably on her finger.

the customs agent determined that I must pay a tax of £510 before I can retrieve my item.

That's their job - what you are doing is called "smuggling" and has a long and storied tradition. Still frowned upon in most places.

If you can show clear intent and ability to export the item you can apply for a bond - unless you are a licensed jeweler with a recognized business / office / otherwise known to HM Customs this is unlikely.

Or you can pay the duty and claim it back when you take it out of the country. Expect to pay again upon re-import.

Anecdote to support refunds: Back in the 1970's NASA had a diamond window made by the experts in Amsterdam. A large, high-quality chunk of diamond polished to optical precision. This branch of the US government had to pay another branch of the government a large amount of money in duties for the jewelry. After the diamond was mounted in the spacecraft and shot off on it's one-way trip to Venus, NASA received a refund as they demonstrated that it was no longer available for trade in the USA (or, indeed, no longer to be seen by anyone ever again).




Pictures about "Item held by customs until I pay tax; what are my options?"

Item held by customs until I pay tax; what are my options? - Unrecognizable male in casual clothes standing with money near cash register in grocery store while making purchase near glass showcase
Item held by customs until I pay tax; what are my options? - Ethnic man with cup of coffee at counter
Item held by customs until I pay tax; what are my options? - Crop man with purchases in store



How do I avoid custom charges?

There is no way to avoid customs duties, customs officers will check all items entering the country and charges will be applied where necessary. If you simply put 'gift' on the customs invoice, this does not mean it will not attract duty as they will still check the value of what is in the box.

Why is my package stuck in customs?

Shipments are held to ensure they satisfy export or import customs regulations. This may be due to missing or incomplete paperwork, waiting for clearance instructions or because the authorities may need more information to clear the goods.

How much is customs clearance in South Africa?

Customs clearance (Handling fee): A customs clearance fee of R50,10 is charged on all incoming parcels and R25,85 on all other postal items. This fee is charged by the Post Office to cover costs incurred in clearing the parcel/postal item on behalf of the addressee.



Understanding Customs \u0026 Import Taxes




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Images: Tim Samuel, Tim Samuel, Tim Samuel, Tim Samuel