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In June this year, we exported goods to a certain country, but the freight forwarder didn't mention the lack of a tax refund form until November
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A batch of goods we exported to Europe in June this year has been waiting for the refund of the tax rebate. However, in November, the freight forwarder suddenly said that the tax rebate documents were lost/not processed. Now, the tax bureau is urgently demanding the materials. Who should bear the losses? What should we do?
Grace WangYears of service：10Customer Rating：5.0
Senior Foreign Trade ConsultantStart a Chat
This situation constitutes a typical accident involving document management responsibilities. According to the "Regulations on the Administration of Tax Rebates and Exemptions for Exported Goods of the People's Republic of China" and relevant customs regulations，the export tax rebate declaration form is the core supporting document for tax rebates. Although the freight forwarder is responsible for on-site declaration operations，you，as the exporting entity，bear the statutory declaration responsibilities. The five-month delay far exceeds a reasonable timeframe. You need to take three immediate actions。
1. Send a written letter to the freight forwarder，demanding that they provide all retained records，pre-declaration numbers，and customs acceptance receipts for the June declaration to secure evidence。
2. Apply to the local customs office to review the export declaration archives. Customs system data typically retains records for three years，and you have the right to request a replacement certificate。
3. Concurrently initiate an internal compliance review to verify whether a formal declaration power of attorney was signed and whether the contract terms specified a timeline for document return。
Regarding liability allocation，if the freight forwarder intentionally concealed information or committed gross negligence，you may pursue contractual liability under the Civil Code，provided you can prove a direct causal relationship between the delayed notification and the tax rebate loss. It is recommended to consult a tax lawyer concurrently to assess whether the case meets the standards for civil litigation。
The most urgent task now is to query customs data，which is subject to strict time limits and becomes increasingly difficult with delayed action.
Lucas LiuYears of service：8Customer Rating：5.0
Senior Operations ConsultantStart a Chat
This is entirely due to a failure in process control. Under normal procedures, the freight forwarder must return the tax refund copy and the verification copy within 3-5 working days after customs declaration. Notifying you after 5 months indicates that they have completely failed to establish a document tracking mechanism internally. What you need to do now is:
1. Immediately contact the Customs Comprehensive Business Section of the declaration port to apply for printing the *Export Goods Declaration Certificate Copy*. Bring along your company stamp, a situation statement, and the email records of your original freight forwarder appointment. Customs can typically reissue the document within 3 working days.
2. Check the trade terms signed at the time. If it was an FOB clause and you appointed this freight forwarder, the responsibility lies with them; if it was a CIF clause and the client appointed the forwarder, the accountability will be more complex.
3. Send an official email to the freight forwarder immediately, titled "Deadline Notice for Handling Missing Declaration Documents for XX Consignment", demanding a solution within 48 hours. Otherwise, legal action will be initiated and reported to industry associations.
4. In the long term, you must establish an internal document receipt ledger for customs declarations. All declarations must track the original tax refund copy within 15 days after shipment, rather than relying on the freight forwarder’s voluntary efforts.
5. When selecting a freight forwarder next time, ensure the contract clearly stipulates penalty clauses for document delays, calculated on a daily basis, to compel them to prioritize compliance.
Kevin LinYears of service：4Customer Rating：5.0
Trade Solutions ManagerStart a Chat
In this situation, emotional handling will only lead to greater losses. What you need to do now is "first gather evidence, then negotiate, and finally make a decision." Immediately organize all emails and WeChat records related to this shipment, especially the instructions for customs declaration in June and the subsequent records of document requests. These will serve as your bargaining chips during negotiations. When calling the freight forwarder's supervisor, don't accuse them of "only mentioning this now," but instead state the facts directly: "Mr. X, we entrusted you with the customs declaration for XX shipments in June, but you only informed us in November that the documents were missing, causing us to face a tax refund loss of XX yuan. According to our previous contract records, this constitutes a serious breach of contract. How do you plan to compensate us?" By shifting the responsibility to them first, you'll force them to propose solutions. If the freight forwarder offers to resubmit the documents, require them to cover all urgent fees; if they propose compensation, remember that verbal promises are invalid - a written agreement is essential. At the same time, evaluate the overall value of this freight forwarder to you. If the cooperation has been satisfactory in the past and this is a genuine mistake, you can negotiate installment payments or offset future freight charges. If they've consistently been unreliable, this is an opportunity to terminate the cooperation, but publicly attribute it to "strategic adjustments" rather than a public confrontation - the freight forwarding industry is small, and reputation matters. Finally, submit a sincere explanation to the tax bureau, attach the communication records with the freight forwarder, and apply for a deferral of declaration. Maintain a cooperative attitude, and you'll typically secure a 3-6 month grace period.