Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Importing can be a smart way to grow your product range and margins - but the taxes and compliance steps at the border can feel overwhelming if you’re new to it.
The good news: once you understand how import tax works in Australia, you can plan your pricing, cash flow and paperwork with confidence.
In this guide, we’ll break down import GST, customs duty, fees and the practical steps you need to take before your goods arrive - all in plain English. We’ll also flag the key legal documents that protect your business as you start dealing with overseas suppliers and Australian customers.
What Counts As Import Tax In Australia?
“Import tax” is a shorthand most businesses use for the charges collected when goods enter Australia. Depending on what you’re bringing in, you’ll typically encounter:
- Goods and Services Tax (GST) on importation - usually 10% on the “value of the taxable importation.” This is separate from the GST you charge on domestic sales.
- Customs duty - tariff rates vary by product classification and origin (including any free trade agreement benefits).
- Import Processing Charge (IPC) - a processing fee on most formal import declarations, scaled by the value and method of lodgement.
- Other taxes (if applicable) - for certain goods, such as Luxury Car Tax (LCT) or Wine Equalisation Tax (WET).
These charges are assessed when you lodge an import declaration (usually via your customs broker). Getting the classification and valuation right at the outset is essential to avoid underpayment penalties or shipment delays.
How Is Import GST And Duty Calculated?
Australia follows established customs valuation and tariff rules. Here’s the practical version of what matters for your bottom line.
The Taxable Base
GST is calculated on the “value of the taxable importation,” which usually includes:
- The customs value of the goods (often the price paid, adjusted by valuation rules), plus
- Any customs duty payable, plus
- Transport and insurance costs to bring the goods to the place of importation, and any applicable taxes like LCT or WET.
In short: GST is not just 10% of your invoice price - it’s 10% of the customs value plus duty and certain transport charges. Getting this right up front will help you set prices that preserve your margin.
If you want a deeper dive into the mechanics and common scenarios, it’s worth reviewing GST on importation.
Customs Duty Rates
Duty is determined by the tariff classification (Harmonized System code) and the country of origin. If an applicable free trade agreement (FTA) exists and you hold the right evidence (e.g. a certificate of origin), your duty rate may be reduced to a preferential rate or zero.
Common pitfalls include choosing an incorrect HS code or failing to keep the right origin documentation. Either can lead to reassessments later. A customs broker can help verify your classification before you ship.
Related Party Pricing & Adjustments
If you’re buying from a related overseas entity or have year-end transfer pricing adjustments, this can affect the customs value and therefore your duty and GST. Raise this with your broker and tax adviser early so your contracts and documentation support the valuation method you rely on.
Do I Pay GST On Low-Value Imports And Online Purchases?
Yes - but the way it’s collected differs based on value and the seller’s status.
- Low value consignments (≤ A$1,000): For many online purchases, GST is charged at the point of sale by the overseas seller or platform (if they’re registered in Australia). In those cases, you won’t be charged GST again at the border because it’s already been collected.
- Consignments over A$1,000: GST and any duty are assessed at the border through your import declaration, even if the goods were bought online.
Always keep the commercial invoice, any GST evidence from the seller, and freight docs. If GST was properly charged at checkout for a low-value import, your paperwork should reflect it so the border process is smooth.
Can I Reduce Or Defer My Import Taxes Legally?
There are legitimate strategies to manage import tax without cutting corners. The key is planning and documentation.
Use Free Trade Agreements (FTAs)
If your goods qualify under an FTA, duty can be reduced or eliminated. You’ll usually need a certificate of origin or a supplier declaration that meets the agreement’s rules of origin. Make sure your contracts specify who is responsible for providing compliant origin evidence.
Tariff Concessions And Classifications
Sometimes a different but accurate tariff classification attracts a lower duty rate. You can also explore tariff concession orders (TCOs) where no substitute is produced in Australia. Seek professional input before relying on concessions - reclassification after import can be costly.
Deferred GST Scheme
If you’re registered for GST and lodge monthly BAS statements, you may apply to defer GST on taxable imports and instead report it on your BAS (often a cash flow advantage, because it’s typically creditable in the same return). This doesn’t remove GST - it defers the payment at the border and aligns it with your BAS cycle.
Choose Appropriate Incoterms
Incoterms allocate costs and risks between you and your supplier. They can also influence what’s included in the customs value and who arranges transport/insurance. Make sure your purchase contracts and Incoterms are consistent with how you want to manage tax and risk.
Keep Evidence That Supports Your Position
Maintain clear files for each shipment: commercial invoice, packing list, bill of lading/air waybill, freight and insurance invoices, certificates of origin, and any rulings or broker advice. Good records help you defend your tax treatment and speed up audits or post-entry reviews.
Step-By-Step: Getting Ready To Import (Compliance Checklist)
Let’s turn the rules into a practical workflow you can follow from day one.
1) Confirm Your Business Setup
Make sure your ABN, registrations and internal processes are ready for importing and reselling. If you’re planning to scale or bring in co-founders, consider whether a company structure makes sense for liability and growth, and ensure your governance documents (like a company constitution and shareholder arrangements) are sorted before you start placing large orders.
2) Lock In Your Product Details
- Understand exactly what you’re importing - materials, function, and any compliance markings or standards needed in Australia (e.g., electrical goods may require specific certifications).
- Work with your broker to confirm the HS code and indicative duty rate.
- Check if an FTA or tariff concession may apply and what proof you’ll need.
3) Plan Your Tax And Cash Flow
- Estimate duty, GST and the Import Processing Charge for typical shipments to inform pricing and margins.
- Consider applying for the Deferred GST scheme if you’re eligible.
- Decide how you’ll quote and invoice customers (including GST) once the stock is onshore.
4) Put Your Contracts In Place
- Set clear purchase terms with your overseas supplier, including Incoterms, delivery timeframes, quality standards and dispute resolution.
- Document how you will sell domestically - on credit, prepayment, deposits, returns policy and warranty handling.
- Protect your position when you extend credit or hold stock at third-party locations (more on this below).
5) Prepare For Border Declarations
- Engage a reputable customs broker and agree on data requirements and turnaround times.
- Set up a checklist for each consignment: invoice, packing list, transport doc, import declaration, origin evidence, insurance and broker charges.
- Decide who will receive border notifications and ensure someone can respond quickly to any queries.
6) Build Your Onshore Compliance
- Confirm product safety, labelling and Australian Consumer Law (ACL) obligations before you sell.
- Put customer-facing policies in place (returns, warranties, privacy) and make them easy to find online.
- Create a process for keeping import records and supporting documents for at least the required retention periods.
What Legal Documents Should Your Import Business Have?
Strong contracts and policies reduce disputes, protect your cash flow and make compliance easier. While every business is different, many importers rely on the following documents.
- Product Import/Export Agreement: A tailored agreement with your overseas supplier covering product specs, inspections, Incoterms, delivery timeframes, quality issues, IP ownership and dispute resolution.
- Supply Agreement: If you’re distributing goods to Australian retailers or resellers, a clear supply contract sets pricing, credit terms, delivery, risk transfer and liability caps.
- Terms of Trade: Your standard sales terms for Australian customers (including payment terms, delivery, title and risk, returns and warranty processes) that apply to every order or invoice.
- Privacy Policy: Required if you collect personal information online or through your sales channels, detailing how you collect, use and store customer data.
- Website or Online Store Terms: The rules for using your site and placing orders. These should align with your Terms of Trade and ACL obligations.
- Warranties And Returns Policy: Clear, ACL-compliant wording on consumer guarantees and how you handle defects. If you provide a manufacturer’s warranty, ensure it meets the requirements for a warranties against defects statement.
- Trade Mark: Protect your brand name and logo in Australia so competitors can’t free-ride on your reputation as you grow distribution.
If you sell on open account or offer retention of title, also think about credit applications and security arrangements. Registering your interests on the PPSR (Personal Property Securities Register) can significantly improve your position if a customer becomes insolvent or disputes ownership of goods in their possession.
Key Compliance Issues For Importers Selling In Australia
Import tax is only one part of your legal picture. Once your goods are onshore and you’re selling to customers, make sure you also cover these bases.
Australian Consumer Law (ACL)
The ACL applies to most product sales to consumers. It covers consumer guarantees, returns, repair/refund policies, advertising claims and product safety. Your customer terms and marketing (including product descriptions and claims) should be consistent with those guarantees to avoid misleading or deceptive conduct issues.
Product Safety & Labelling
Certain products have mandatory standards (e.g. electrical, toys, cosmetics, food). Check any applicable labelling or safety certifications before import - it’s far easier than rectification after stock lands. Keep certificates and test reports on file.
Data & E‑Commerce
If you run an online store or email customers, ensure your Privacy Policy and website terms reflect your actual data practices, and that you handle payments securely and in line with Australian privacy requirements.
Contracts & Credit Management
Document your sales relationships with Terms of Trade and, where appropriate, security interests on the PPSR. This helps prevent non-payment issues and clarifies when risk and title pass to your customer.
Record-Keeping
Maintain a clear audit trail for each shipment (invoices, declarations, duty/GST payments, classifications, origin evidence). Good records reduce your risk if the Australian Border Force (ABF) or the ATO reviews your imports later.
Common Pitfalls (And How To Avoid Them)
- Incorrect classification: Double-check HS codes and keep written reasoning from your broker. If you change product design or materials, re-verify the code.
- Mismatched Incoterms and contracts: Ensure the Incoterm selected aligns with who pays freight/insurance and who takes risk at each stage - and that your contract language mirrors that choice.
- Forgetting origin paperwork: If you rely on FTAs, collect compliant certificates or declarations for every shipment; otherwise you may lose preferential duty rates.
- Underestimating total landed cost: Include duty, GST, IPC, freight, insurance and local logistics when pricing. Build a buffer for exchange rate movement.
- Weak customer terms: Without clear Terms of Trade, disputes over delivery, defects and payment become harder to resolve.
- Loose supplier arrangements: An informal email trail is not a substitute for a robust Product Import/Export Agreement covering quality control, inspections and remedies.
Key Takeaways
- Import tax typically includes GST on importation, customs duty and the Import Processing Charge - plan for all three when setting prices and margins.
- GST is calculated on more than the invoice price; it’s based on the customs value plus duty and certain transport and other amounts.
- Use FTAs, correct HS classifications and (if eligible) the Deferred GST scheme to manage costs and cash flow lawfully.
- Get your contracts in order: a strong overseas supplier agreement, clear Terms of Trade, and security registrations on the PPSR can protect your business.
- Once you’re selling in Australia, comply with the ACL, product safety rules and privacy obligations, and keep robust import records.
- Invest early in the right documents - like a tailored Product Import/Export Agreement, a Supply Agreement and a Privacy Policy - to prevent costly disputes.
If you’d like a consultation on import tax and the contracts you’ll need for your importing business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








