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Article 345 bis of the French Customs Code

I.-When the taxpayer has applied a tax law according to the interpretation that the administration had made known by its published instructions or circulars and that it had not reported at the date of the operations constituting the chargeable event, it may not declare by way of a notice of assessment and recover the duties and taxes collected according to the terms of this code, by arguing a different interpretation….

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Article 345 ter of the French Customs Code

Public accountants may serve the debtor with a formal notice to pay for the recovery of debts for which they are responsible, under the conditions provided for in Article L. 257 of the Book of Tax Procedures. By way of derogation from the same article L. 257, for debts recovered in accordance with the provisions of the present code, the challenge is made under the conditions set out in article…

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Article 346 of the French Customs Code

Any challenge to the claim must be addressed to the authority that issued the assessment notice within three years of its notification, without prejudice to the time limits for remission of duties set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. The Regional Director of Customs will rule on the dispute within six months of receipt. In the case of an application…

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Article 347 of the French Customs Code

Within two months of receiving the response from the Regional Director of Customs or, in the absence of a response, on expiry of the six-month period provided for in the previous article, the taxpayer may refer the matter to the judicial court. Such referral suspends the limitation period referred to in article 351 until a final court decision has been reached.

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Article 348 of the French Customs Code

If the taxpayer so requests in his dispute, he may be authorised to defer payment of the debt until the dispute has been resolved. The deferment of payment is granted to the taxpayer if the dispute is accompanied by guarantees intended to ensure recovery of the disputed debt. These guarantees take the form of a bond or a deposit. They may also take the form of securities, mortgages or pledges…

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Article 349 of the French Customs Code

Any challenge to the decisions of the accounting officer of customs relating to the guarantees required of the person liable for payment may be brought, within fifteen days of notification of the reply from the accounting officer of customs or the expiry of the period allowed for replying, before the president of the judicial court, ruling in summary proceedings. The president, on receipt of a simple written request, shall give…

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Article 349 bis of the French Customs Code

With regard to the guarantee and recovery of debts governed by this code, the customs accounting officer may delegate his signature to agents under his authority, with at least the grade of controller, for the exercise of the powers he holds under articles 345 ter, 348, 349 quinquies, 349 nonies, 379 bis, 387 bis and 388 of this code, the code of civil enforcement procedures, the provisions of the commercial…

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Article 349 ter of the French Customs Code

I. – For the purposes of this section, the requesting Member State means the Member State of the European Union which makes a request for assistance and the requested Member State means the Member State of the European Union to which the request is addressed. II. – The administration may request assistance from Member States of the European Union and is obliged to assist them in matters of recovery, notification…

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Article 349 quater of the French Customs Code

The competent administration shall not be obliged to grant assistance to recover or take precautionary measures, to serve documents or judgments, including judicial documents or judgments, or to provide information where the request relates to claims that have been outstanding for more than five years. This time limit does not apply when an initial request has been made before this deadline. The time limit is calculated as follows: 1° When…

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Article 349 quinquies of the French Customs Code

I. – The recovery of the debts mentioned in article 349 ter, the amount of which is greater than or equal to €1,500, and the taking of precautionary measures in respect of the aforementioned debts from Member States of the European Union are entrusted to the competent customs accounting officer. II – These claims are recovered in accordance with the procedures applicable to claims of the same nature arising on…

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