How Is Import Customs Value Calculated? 6 Customs Valuation Methods and Royalty Addition Rules

Quick Answer: What Is Customs Value? Do Royalties Count?

Customs value is the price base Customs uses to calculate import duty and fees. Under Article 29 of the Customs Act, for goods subject to ad valorem duty, customs value is based on the transaction value (the price actually paid or payable for the goods when sold for export to Taiwan), plus the following costs if not already included: commissions and packing costs borne by the buyer, tooling and design provided by the buyer free of charge, royalties and licence fees paid by the buyer as a condition of the transaction, resale proceeds, and the freight and insurance to the port of importation in Taiwan. When the transaction value cannot be used, Customs applies, in order, identical goods, similar goods, deductive value, computed value and reasonable means — 6 methods in total; only the order of deductive value and computed value can be swapped at the taxpayer's request. A royalty must be added whenever it relates to the imported goods and is a condition of the transaction — this applies even when it is paid to a brand licensor other than the seller (Supreme Administrative Court Judgment 99-Pan-958); but fees paid to obtain the right to reproduce the goods in Taiwan are not included. If you disagree with the customs value assessed, you must apply for review within 30 days of the day after receiving the duty payment notice.

Let's Be Clear About What We Offer

HowBridge operates only a Shenzhen consolidation warehouse and a Taoyuan operations warehouse, providing consolidation service only for China → Taiwan; we do not offer purchasing-agent services, advance rulings on valuation, or representation in administrative remedies. This page explains the customs valuation rules to help you include the right costs when you file your declaration.

What Does Customs Value Mean? Is It the Same as What I Paid?

Customs value is the price Customs uses to calculate duty. It is usually not the same as the price you saw at checkout: the law requires it to be based on the “transaction value,” then adjusted by adding or excluding certain costs. All three types of import tax and fees are calculated from it:

Three Types of Import Tax and Fees Affected by Customs Value (verified 2026-09-25)
Tax/FeeHow It's CalculatedLegal Basis
Customs DutyCustoms value × tariff rate for the HS codeCustoms Act, Article 29
Business Tax(Customs value + duty + commodity tax, etc.) × 5%Value-Added and Non-Value-Added Business Tax Act, Article 20; Customs Administration Q&A
Trade Promotion Service FeeCustoms value × 0.04%, waived if NT$100 or lessTrade Act, Article 21 (statutory cap of 4.25 per 10,000); Customs Administration Q&A

Transaction Value = the Price Actually Paid or Payable for Export Sale to Taiwan

Customs Act, Article 29, Paragraph 2. “Payable” includes amounts not yet paid but owed under the contract. If Customs reasonably doubts the authenticity of the transaction documents and the doubt is not adequately explained, the transaction value is treated as unusable for assessment (same Article, Paragraph 5).

The Trade Promotion Service Fee Is Not Included in Business Tax

The business tax base is customs value plus duty (plus commodity tax where applicable); the trade promotion service fee is not part of that base. For imports with a customs value of NT$250,000 or less, the calculated trade promotion service fee does not exceed NT$100, so it is waived under the rule.

Which Costs Must Be Added to Customs Value, and Which Can Be Excluded?

The 6 items that must be added are set out in Article 29, Paragraph 3 of the Customs Act; the items that can be excluded are set out in Articles 11 and 12 of the Customs Act Enforcement Rules, and they must be separately identifiable (itemized separately on the invoice or contract).

Customs Value: Additions vs. Exclusions (Statutory Text, Verified 2026-09-25)
CostTreatmentLegal Basis
Commissions, brokerage fees, container and packing costs borne by the buyerAddCustoms Act §29(III)(1)
Materials, components, tools, dies and consumable supplies provided by the buyer to the seller free of charge or at reduced cost, and engineering, development or design work performed abroadAdd (allocated on a reasonable basis)Customs Act §29(III)(2)
Royalties and licence fees paid by the buyer as a condition of the transactionAddCustoms Act §29(III)(3); Enforcement Rules §12(II)
Amounts paid or payable to the seller by the buyer after using or disposing of the imported goodsAddCustoms Act §29(III)(4)
Freight, loading and handling charges to the port of importation (including freight surcharges)AddCustoms Act §29(III)(5); Customs Administration Q&A
InsuranceAddCustoms Act §29(III)(6)
Fees the buyer pays to its own overseas purchasing agent (buying commission)ExcludedEnforcement Rules §12(I)
Fees paid to obtain the right to reproduce the imported goods domesticallyExcludedEnforcement Rules §12(II) proviso
Post-import construction, installation, assembly, maintenance or technical assistance costsExcluded (if separately identifiable)Enforcement Rules §11(I)(1)
Post-import transportation costsExcluded (if separately identifiable)Enforcement Rules §11(I)(2)
Interest on deferred paymentExcluded (if separately identifiable)Enforcement Rules §11(I)(3)
Taiwan customs duty and taxes payable on the imported goodsExcludedEnforcement Rules §11(I)(4)
Additions Require Objective, Quantifiable Data

Customs Act, Article 29, Paragraph 4: costs to be added must be based on objective and quantifiable data; without such data, the transaction value is treated as unusable for assessment, and Customs moves to the next method in order. In a Customs Administration Q&A example, an electronic component has a contract unit price of US$10, plus a separate R&D fee of US$1 per unit — the customs value must be calculated using US$11.

What Is the Order of the 6 Customs Valuation Methods? Can You Choose?

No, you cannot choose. Articles 29 through 35 of the Customs Act set out 6 methods; the next method is used only when the previous one cannot be applied. This framework is consistent with the WTO Agreement on Implementation of Article VII of GATT 1994 (the Customs Valuation Agreement):

1Transaction Value (Article 29)

Based on the price actually paid or payable for the goods themselves, plus the costs in Article 29, Paragraph 3. The vast majority of imports use this method.

2Transaction Value of Identical Goods (Article 31)

The transaction value of goods from the same country of production, with the same physical characteristics, quality and reputation, sold for export to Taiwan within 30 days before or after the export date (Enforcement Rules §16).

3Transaction Value of Similar Goods (Article 32)

The transaction value of goods from the same country of production with the same function, similar characteristics and materials, and that are commercially interchangeable.

4Deductive Value / Domestic Selling Price (Article 33)

Worked back from the goods' selling price in Taiwan, after deducting the usual profit and expenses, import duties and taxes, and post-import freight and insurance.

5Computed Value (Article 34)

Production cost and expenses, plus the usual profit and general expenses, plus freight, loading/handling charges and insurance to the port of importation. Customs may, at the taxpayer's request, swap the order of Articles 33 and 34 (Article 33, Paragraph 2).

6Reasonable Means (Article 35)

When none of the first five methods can be applied, Customs uses reasonable means based on data it has obtained. Enforcement Rules §19 expressly prohibits 7 approaches, including: the selling price of domestically produced goods in Taiwan, taking the higher of two prices, the domestic selling price in the country of export, a minimum customs value set by Customs, and arbitrary or fictitious prices.

You May Ask Customs in Writing to Explain the Method Used

Customs Act, Article 36: the taxpayer may submit a written request asking Customs to explain the method it used to assess the customs value of the imported goods, and Customs must respond in writing.

When Must Royalties or Licence Fees Be Added to Customs Value?

Article 12, Paragraph 2 of the Customs Act Enforcement Rules defines a royalty as a payment made to obtain patent, trademark, copyright, or other intellectual property rights protected by law, that is related to the imported goods. Combined with the requirement in Article 29, Paragraph 3 that it be “paid by the buyer as a condition of the transaction,” that gives two tests:

Should a Royalty Be Added? Common Scenarios (Statutes, WTO Notes and Rulings, Verified 2026-09-25)
ScenarioAdd or NotLegal Basis
A trademark or patent licence fee paid to the seller, without which the goods cannot be purchasedAddCustoms Act §29(III)(3)
Paid to a brand licensor other than the seller, where the licence is a precondition for having a contract factory produce and import the goodsAdd: not limited to payments made to the sellerSupreme Administrative Court Judgment 99-Pan-958
An intra-group licence fee, without which the buyer would lose its supply source or sales channelAdd: treated as a condition of the transactionSupreme Administrative Court Judgment 101-Pan-532
Fees paid to obtain the right to reproduce (duplicate) the imported goods in TaiwanDo not addEnforcement Rules §12(II) proviso; WTO Agreement Note
Fees for distribution or resale rights, where they are not a condition of the export saleDo not addWTO Agreement Annex I Note (no word-for-word equivalent in Taiwan's statutes)
Fees unrelated to the imported goods (e.g., post-import technical assistance)Do not add (if separately identifiable)Enforcement Rules §11(I)(1)

The Same Royalty Can Involve Both Income Tax and Customs Duty

Supreme Administrative Court Judgment 101-Pan-532 holds: for the business income tax on royalty income, the taxpayer is the party receiving the licence fee and the taxable object is the licence-fee income; for customs duty, the taxpayer is the importer and the taxable object is the imported goods — “the levy of business income tax and of customs duty each has its own statutory requirements.”

Consequences of Failing to Declare a Royalty

Under a 2008 (ROC year 97) Ministry of Finance order: if any cost listed under Article 29, Paragraph 3 was not included, Customs must adjust the customs value to include it and collect the additional duty; in principle no penalty is imposed under Article 37, Paragraph 1 of the Customs Anti-smuggling Act, unless forged, altered or false invoices or documents were submitted. A 2023-01-04 Ministry of Finance press release also warns that under-declaration can lead to delayed clearance in addition to the duty owed.

If Buyer and Seller Are Related Companies, Will Customs Reject the Transaction Price?

Not automatically. Under Article 30, Paragraph 1, Item 4 of the Customs Act, the test is that “the buyer and seller have a special relationship that affects the transaction value.” Paragraph 2 of the same Article lists 8 types of special relationship, such as serving as each other's directors, supervisors or officers, one party directly or indirectly holding 5% or more of the other's voting shares, both being controlled by the same third party, or being spouses or relatives within the third degree of kinship.

Comparing “Special Relationship” in Customs Valuation and “Transfer Pricing” in Income Tax (Verified 2026-09-25)
ComparisonCustoms ValuationIncome Tax Transfer Pricing
Competent AuthorityCustoms (Customs Administration, Ministry of Finance)National Taxation Bureau (regulations administered by the Taxation Administration, Ministry of Finance)
Legal BasisCustoms Act §30; Enforcement Rules §14Income Tax Act §43-1; Regulations Governing Assessment of Non-Arm's-Length Transfer Pricing
Shareholding ThresholdDirectly or indirectly holding 5% or more of voting shares (one of the criteria)20% or more for an affiliated relationship (one of the criteria)
Review FocusWhether the special relationship affects the transaction value of the imported goodsWhether the controlled transaction complies with the arm's-length principle
Price TestTreated as unaffected if the transaction value is close to the customs value determined for identical or similar goods, etc. (Enforcement Rules §14)Arm's-length methods under the assessment regulations

A Transfer Pricing Report Does Not Mean Customs Will Simply Accept It

The WCO Guide to Customs Valuation and Transfer Pricing explains that not every related-party transaction is examined — Customs examines the price only when it has doubts; a transfer pricing study can serve as reference material on a case-by-case basis. A Customs Administration officer, writing in Public Finance Review (2023), also noted that the WCO and most national customs authorities remain cautious about relying on transfer pricing documentation.

What If the Price Is Only Adjusted After Year-End?

Since 2020-01-01, the Customs Administration has applied the Directions for Customs to Assess Customs Value Following a One-Time Annual Transfer Pricing Adjustment: where a business's controlled transaction under a special relationship cannot have its price determined at the time of importation and requires a single adjustment after the accounting year ends, the business must apply for a customs value assessment within one month after the accounting year ends; late applications will not be accepted. The income tax treatment still follows Article 43-1 of the Income Tax Act (2019 (ROC year 108) Ministry of Finance order).

How Much Does Adding the Royalty Change the Tax? A Worked Example

Suppose a company imports a batch of licensed goods, with an assumed tariff rate of 10% (the actual rate depends on the HS code), and the goods are not subject to commodity tax:

Worked Example: Tax Difference With and Without Adding an NT$5,000 Royalty (Hypothetical Figures; Actual Assessment by Customs Governs)
ItemWithout Royalty AddedWith Royalty Added
Price Actually PaidNT$100,000NT$100,000
Freight + InsuranceNT$8,000NT$8,000
Royalty Paid as a Condition of the Transaction—NT$5,000
Customs ValueNT$108,000NT$113,000
Customs Duty (× 10%)NT$10,800NT$11,300
Business Tax ((Customs Value + Duty) × 5%)NT$5,940NT$6,215
Trade Promotion Service Fee (× 0.04%)NT$43.2; waived if NT$100 or less: NT$0NT$45.2; waived if NT$100 or less: NT$0
Total Tax and FeesNT$16,740NT$17,515
Beyond the Difference, Under-Declaration Also Means Back Duty

The difference in this example is NT$775. If a royalty is omitted from the declaration, once Customs discovers it, it will adjust the customs value and collect the difference, and clearance may also be delayed. For the business tax and formal customs clearance process for company imports, see Company Imports: Business Tax, Import Duty and Formal Customs Clearance.

Can You Ask Customs in Advance Whether a Royalty Must Be Added Before Importing?

Yes. Under Article 36-1 of the Customs Act, an advance ruling on valuation lets the taxpayer or its agent apply to the Customs Administration, Ministry of Finance, before the goods are imported, for a ruling on whether there are any costs that must be added to the price actually paid or payable to form the customs value (such as a royalty). It rules on this single question only — it does not pre-determine the entire customs value.

1Prepare the Transaction Documents

Under the Customs Administration's operating rules, a royalty case must be accompanied by the licence agreement, the sale and purchase contract, and a statement of the relationship between all parties involved in the transaction.

2Submit the Application to the Customs Administration

The Regulations Governing Advance Rulings on the Valuation of Imported Goods (amended 115-01-23) require the application to be filed with the Customs Administration, which may delegate it to a subordinate agency. Hypothetical transactions and transactions not expected to occur within one year are not accepted.

3Receive a Written Reply

The Customs Administration replies in writing within 45 days of the day after all documents are received; if it must consult domestic or foreign institutions or experts, this may be extended to within 90 days.

4Declare According to the Ruling at Import

The ruling is valid for 3 years from the date the notice is issued. If you disagree with the ruling, you may apply for reconsideration before importing; if you still disagree with the reconsideration result, you must wait until the goods are imported and Customs has assessed the customs value, and then proceed through the administrative remedy procedure.

How Do You Seek Remedy If You Disagree With the Customs Value Assessed by Customs? What Are the Deadlines?

The statutory term used is “application for review”. The sequence and deadlines are as follows:

Remedy Procedure for Customs Value Disputes (Original Text of the Customs Act, Verified 2026-09-25)
StageDeadline and Key PointsLegal Basis
Apply for ReviewWithin 30 days of the day after receiving the duty payment notice, apply in writing to Customs; the goods may be released first after paying the full duty or providing equivalent securityCustoms Act §45
Review DecisionCustoms decides within 2 months of the day after receiving the application; this may be extended once, by up to 2 months, if necessaryCustoms Act §46
Administrative Appeal and LitigationIf you disagree with the review decision, you may file an administrative appeal and administrative litigation as provided by law; if a refund is finally due, it is refunded with daily interest addedCustoms Act §47

Keep Your Documents

When Customs doubts the declared price, it must explain its reasons and give a reasonable opportunity to respond, and after making its assessment must deliver the reasons in writing together with the duty payment notice (Enforcement Rules §13). Invoices, proof of payment, the sale and purchase contract and the licence agreement are your most direct evidence when explaining your case or seeking remedy.

Terms Used on This Page

Customs Value
The price base Customs uses to calculate ad valorem duty, based on the transaction value and adjusted under Article 29 of the Customs Act; business tax and the trade promotion service fee are also calculated from it.
Transaction Value
The price actually paid or payable for imported goods sold for export to Taiwan (Customs Act, Article 29, Paragraph 2).
Royalties and Licence Fees
Payments made to obtain patent, trademark, copyright, or other intellectual property rights protected by law, that are related to the imported goods; excludes fees for the right to reproduce the imported goods domestically (Enforcement Rules, Article 12).
Buying Commission
Fees the buyer pays to its own overseas purchasing agent; excluded from customs value. A commission paid to the seller, however, must be added.
Special Relationship
One of the 8 types of buyer-seller relationship listed in Article 30, Paragraph 2 of the Customs Act; the transaction value is set aside only if the relationship “affects the transaction value.”
Transfer Pricing
The price or profit a business sets for its controlled transactions, reviewed by the National Taxation Bureau under Article 43-1 of the Income Tax Act; a separate system from customs valuation.
Advance Ruling on Valuation
Under Article 36-1 of the Customs Act, an application filed with the Customs Administration before importation to confirm whether any cost must be added to the customs value; the result is valid for 3 years.
Application for Review
The first step of administrative remedy: if you disagree with the customs value or duty assessed by Customs, you file this with Customs within 30 days of the day after receiving the duty payment notice.
WTO Customs Valuation Agreement
The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, which makes the transaction value the primary valuation method; Articles 29 through 35 of Taiwan's Customs Act follow the same framework.

Sources and Limits of Verification

The statutes, deadlines, rates and rulings on this page are based on the original pages actually opened on September 25, 2026; each source below includes a link, verification date and key original wording.

Statutes, Government Documents and Rulings

Academic and Research Literature

On the Determination and Assessment of the Customs Value of Imported Goods: Taiwan's Current Valuation System and the WTO Customs Valuation Agreement (original in Chinese)

Yang, H.-Y. (2023). Master's thesis, Executive Master Program of Business Law, National Taiwan University. DOI 10.6342/NTU202302941

Explains that Taiwan's customs valuation system follows the WTO Customs Valuation Agreement, and traces how valuation disputes proceed from application for review to administrative appeal and then litigation.

A Study of Transfer Pricing by Multinational Enterprises and Customs Valuation (original in Chinese)

Chang, C.-Y. (2017). Master's thesis, Graduate Institute of National Development, National Taiwan University. DOI 10.6342/NTU201703870

Discusses the gap between after-the-fact transfer pricing adjustments and customs valuation, and recommends that importers apply to Customs for an advance ruling on valuation and negotiate an advance pricing agreement with the National Taxation Bureau.

Customs Valuation and Transfer Pricing — A Comparison of International Practices

張少羽 (2023). Public Finance Review, Volume 52, Issue 4 (Ministry of Finance). Ministry of Finance PDF

Written by a Customs Administration officer; explains that the WCO and most national customs authorities remain cautious about relying on transfer pricing documentation.

The Customs Treatment of Royalties and License Fees with Regard to Imported Goods

Lux, M., Cannistra, D., & Rodriguez Cuadros, M. A. (2012). Global Trade and Customs Journal, 7(4), 120–142. Kluwer

Shows that a royalty is not automatically dutiable or exempt — it depends on whether it relates to the goods being valued and whether it is a condition of sale.

Intangible Assets and Customs Valuation

Erturk, E. (2018). World Customs Journal, 12(1), 69–78. DOI 10.55596/001c.115713

Shows that a relationship between buyer and seller alone is not enough to reject the transaction value — it must be tested using the circumstances of the sale or test values.

Interplay Between Customs Valuation and Transfer Pricing in the European Union

D'Angelo, G., et al. (2023). World Customs Journal, 17(1), 5–32. DOI 10.55596/001c.73300

Notes that, internationally, there is still no concrete legal solution for reconciling transfer pricing with customs valuation.

Developments at the WCO Technical Committee on Customs Valuation 2021−2022 regarding royalties

Macedo, L. (2022). World Customs Journal, 16(2). DOI 10.55596/001c.116326

Notes that the WCO Technical Committee on Customs Valuation continues to issue advisory opinions on the addition of royalties.

Limits of Verification

① No regulation named “Operating Directions for Reviewing the Customs Value of Imported Goods” or “Regulations for Collecting the Trade Promotion Service Fee” could be found in the Laws & Regulations Database or the Ministry of Finance's regulatory system — this page relies on the provisions that actually exist; ② The 0.04% trade promotion service fee rate is set by the competent authority; the waiver for NT$100 or less is based on the Customs Administration FAQ and a Ministry of Economic Affairs announcement, but the original announcement page could not be opened this time; ③ The rule that distribution-right fees are not added comes from a note in the WTO Agreement, with no word-for-word equivalent in Taiwan's statutes; ④ The original text of individual WCO Technical Committee on Customs Valuation advisory opinions requires a login, so this page does not quote its content; ⑤ The worked example uses hypothetical amounts and a hypothetical tax rate; ⑥ Academic literature is used for background only; ⑦ This page does not constitute legal or tax advice — consult Customs or a professional for your specific case.

Frequently Asked Questions

Is Customs Value Based on the Price I Paid?

In principle, yes: it is based on the transaction value actually paid or payable, plus freight, insurance, and any royalty paid as a condition of the transaction. When the transaction value cannot be assessed because it is affected by a special relationship, is subject to a condition, or the authenticity of the documents is reasonably in doubt, Customs applies the other methods in order.

Can the 6 Customs Valuation Methods Be Used Out of Order?

No, they must be applied in order. The only exception is that Customs may, at the taxpayer's request, swap the order of deductive value (Article 33) and computed value (Article 34).

If a Royalty Is Paid to the Brand Owner Instead of the Seller, Must It Still Be Added?

Yes. Supreme Administrative Court Judgment 99-Pan-958 holds that the royalty required to be included in the customs value “is not limited to payments made to the seller,” as long as it relates to the imported goods and is a condition of the transaction paid by the buyer.

Which Royalties Do Not Need to Be Added to Customs Value?

Fees paid to obtain the right to reproduce the imported goods in Taiwan are excluded (Enforcement Rules, Article 12). Under the WTO Agreement's note, payments for distribution or resale rights are also not added if they are not a condition of the export sale. Post-import service fees that are unrelated to the imported goods and separately identifiable are likewise excluded.

Will Customs Always Reject the Transaction Price Between Related Companies?

Not necessarily. The test is whether the special relationship “affects the transaction value”; if the transaction value is close to the customs value Customs has determined for identical or similar goods, etc., it is treated as unaffected (Enforcement Rules, Article 14).

If the Customs Value Is Assessed Too High, How Long Do I Have to Apply for Review?

Within 30 days of the day after receiving the duty payment notice, apply to Customs in writing for review; Customs decides within 2 months, extendable once by up to 2 months. If you disagree with the review decision, you may then file an administrative appeal and administrative litigation.

How Is the Trade Promotion Service Fee Calculated?

The customs value multiplied by 0.04%; the fee is waived if the result is NT$100 or less. It is not included in the business tax base.

Is There a Regulation Called “Operating Directions for Reviewing the Customs Value of Imported Goods”?

No regulation by that name could be found in the Laws & Regulations Database or the Ministry of Finance's regulatory system. Customs value is assessed under Articles 29–35 of the Customs Act and Articles 11–19 of the Enforcement Rules; to confirm before importation whether a cost must be added, use the Regulations Governing Advance Rulings on the Valuation of Imported Goods and the Customs Administration's operating directions for advance rulings on valuation.

Ship From the Shenzhen Warehouse to Taiwan — Get the Declared Value Right the First Time

HowBridge provides consolidation and customs clearance from mainland China to Taiwan; a company declarant whose tax ID is registered as an import/export operator may clear customs formally under the company's name. When declaring, be sure to add the freight, insurance and any royalty that must be included in the goods value.

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Authority references

This page cites primary government, judicial, and academic sources from HowBridge’s customs reference index (1,171 records). Each item links to its original source.

Reference index data version: 2026-08-16