Quoting from [Mark Taves]:
Please help, is the first time i am buying a container of goods, as i live in china, i signed a contract that write the price in RMB and shows my personal name as the Buyer in the contract. Now i find that to make the export i need a contract that shows the price in Dollars, and i need to put the name of my company overseas as the buyer. Is that true? please what do i really need to make the export? the money must come directly from overseas to the factory account, is it right? i heard that the factory can get taxes rebate 14% for exporting goods, so can i ask for a discount in the price as long as they nowmaybewill getthe tax rebate? Please help, very grateful, Mark
Hi,Mark.
1) you ordered a container goods from the factory, and the factory is the sellers, and you are their buyers. The price shows in the sales contract is RMB. This is nothing to do with the export contract. If you need, you can only ask the supplier to offer you another USD sales contract (or commercial invoice).
2) in the B/L, you can still show your personal name (or your company name) as the consignee and notify party.
But you said you live in China, so where the container will ship to?
Ship to your real buyer? or ship to any family members in your country?
If you will sell the goods to your buyer, you can show their name in the B/L as the consignee.
3) payment:
If you pay the factory with your own money, this is easy. This is the payment between you and the supplier.
If your buyer is the real buyer, and he ordered from you, you ordered from the supplier, this is something you have to consider yourself. You can ask your buyer to T/T you the payment then you pay to the factory yourself in RMB. Or you can ask your buyer to T/T USD directly to your supplier (but I guess you trade bwt them, so this way is not good).
4) tax rebate:
this is nothing to do with you, if you already settle the price with them at the beginning.
If you want to get some discount, you should bargain at the beginning.
But I wanted to remind you that when the factory offered you RMB ex-factory price, they can't get the tax rebate.As it became domestic trade.
If any helps, pls contact me. I am the sourcing agency in China, and I am very famiar with the export procedures.
Quoting from [Mark Taves]:
Please help, is the first time i am buying a container of goods, as i live in china, i signed a contract that write the price in RMB and shows my personal name as the Buyer in the contract. Now i find that to make the export i need a contract that shows the price in Dollars, and i need to put the name of my company overseas as the buyer. Is that true? please what do i really need to make the export? the money must come directly from overseas to the factory account, is it right? i heard that the factory can get taxes rebate 14% for exporting goods, so can i ask for a discount in the price as long as they nowmaybewill getthe tax rebate? Please help, very grateful, Mark
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I'm not sure about the tax rebate, however I would simply do a Letter of Credit (LC) from the buyer to sell, with regard to your name or your company, it should not matter unless you have Licensing issues. For example we are Liquor sellers with a USA ATF lic., its important to be shipped to our Company.... Good luck Mark
You are going to continue to have problems here until you get your paperwork in order.
Products cannot be exported from China unless you have proof of payment of taxes on those products. This is called a 'zhen shi sui fa piao'.
You cannot pay the taxes and ship the product yourself as I assume that you do not have an export licence for those products. Some factories have these rights while most will deal through an outside trading company that has the rights to export and arranges everything.
I assume that the factory sold the products to you on RMB ex factory prices which do not include taxes which is why you cannot export the products. So you need to go back to the factory, find out what the FOB prices for the products would be and then make payment of the full amount including taxes so that the factory can arrange the tax invoice for you.
Technically only the seller of the goods can offer you the tax invoice but you can 'mai dan' (buy the rights to an invoice elsewhere) but this is not legal and if caught you may find yourself in trouble.
So go back to your original supplier, explain the situation to them, and then pay what needs to be paid.
As far as paying in foreign currency that is not necessary. My guess is that the factory you are dealing with does not have export rights and that the trading company that they let deal with all of this wants payment in foreign currency. You need to negotiate this with the seller as you do not have to pay in foreign currency.
Thank you all, i happy that you help me. Yes the situation is exactly like our friend Egernia said . I buyed the goods using ex-works price , and i dont have any export license. I guess the factory also dont have the export license, so looks like we will have to find an agent to do it. I will contact the factory and explain the situation. It probaly will be like friend Egernia said, will have to calculate a FOB price that include the taxes, pay what i have to pay so after can make the invoice. I really hope it will not add too much cost for the operation. Someone has an idea how much cost for that agents services? i think they are called "huo dai" right? someone knows some good "huo dai" in Guangzhou? sorry for mafan you so much friends, i am grateful for the help,
Mark