In the context of various laws, public authorities ask for funds to be deposited with the Deposit and Cash In Office.
In many cases, it is the tax authorities (VAT, Customs and Excise, etc.) who request a guarantee from the DCO to guarantee fiscal obligations. For example: the liable representative of the non-resident taxpayer for VAT and the organizer of games and bets (even if no license is required) to guarantee tax obligations (the so-called games and bets outside commission).
There is also a general obligation to provide a surety for accountable persons (art. 1366 Judicial Code).
However, it may also concern the request of a municipal administration or, for example, the national lottery to deposit a deposit with the DCO.
Bail in cash by a public authority
Do I have to pay for the placing of a bail in cash by a public body at the Deposit and Cash In Office?
No, placing a bail in money by a public authority is free.
Are interest on a bail in cash repaid by a public authority through the Deposit and Cash In Office?
The interest is calculated and paid annually on the due date.
To whom do I submit my request for repayment of a bail in cash by a public authority?
You request the repayment of the bail from the public authority.
Customs and Excise provides a release letter directly by e-mail or by post to the Deposit and Cash In Office. This is a written approval stating the registration number of the guarantee and the amount that may be released.
Within what period does the Deposit and Cash In repay the bail in cash by the public authority?
The Deposit and Cash In Office reimburses the bail within five working days of receiving the public authority.
What amount of the guarantee in cash by a public authority is reimbursed by the Deposit and Cash In Office?
After receiving the letter of release, the Deposit and Cash In Office will proceed with the repayment:
- of the entire bail
- of the partial bail
- you will be sent a new registration certificate, with a new registration number and indication of the remaining amount
Why does Customs and Excise require guarantees?
These guarantees are mainly required to cover the tax risk inherent in the activities of customs and / or excise duties.
The taxes in question (customs duties on import or export, excise duties, VAT, etc.) must be covered by a guarantee to ensure at least a minimum recovery of the amounts due to the Treasury in the event of irregularities committed by an economic operator.
In this context, the main reasons for making payments to the DCO for the benefit of the ABC & D are:
Authorizations: a guarantee, the amount of which is calculated by the ABC & D, is required before the majority of authorizations granted. Note that the relevant economic operator is always free to submit more than the amount requested by the ABC & D.
Credit account (= account 49) / deferment of payment: an economic operator can enjoy deferred payment of the amount of the duties due, subject to the provision of a guarantee. Because a deferred payment is an allocated facility and not an obligation, the valuation of the size of the deposit is left to the market participant.
Disputes (less common): an economic operator can provide a guarantee pending a decision in a dispute in court.