Yuzuko Horigome was flying home from Tokyo to Brussels with a stopover at Frankfurt, when German customs seized her Guarnerius violin, worth in the region of one million Euro. They demanded that she pay a fine of 190,000 Euros for the instrument’s release, saying that it had not been taxed properly in the EU. Yuzuko had to fly on without her instrument.
At the time of writing, it has not yet been released. Perhaps Chancellor Merkel, if she’s reading this, would consider calling off her rottweilers when hard-working musicians are passing through.
This is ludacris!
no this is ludacris:
http://www.hiphopgalaxy.com/IMG/wallpaper_ludacris.jpg
This is outrageous! Is there a petition to sign? Have you contacted the German authorities? How long has she had that violin? Surely there must be a statute of limitations on the purchase?
I’ve set up a Facebook cause as a petition. Visit and click ‘like’
http://www.facebook.com/FreeTheGuarnerius
While I feel sorry for her, and want her to get the violin back, I think most people have a misconception what really happened here.
After reading news from different sources it’s *not* about proof of ownership but there might be an actual case of tax evasion here, or that is what customs are suspecting.
The scenario (in theory) is as follows:
- She was an EU resident long before buying the violin
- She was buying the violin outside of the EU
- Thus, when bringing it back into her country of residence, even if she doesn’t intend to sell it, she was supposed to pay “import sales tax”.
- She cannot prove she did ever pay those taxes. Note that “all necessary documents have been provided” is what is claimed by her, while customs claimed otherwise.
- If things happened as described, and she never paid taxes, that is actually a clear case of tax evasion by law. And this is what is being investigated.
- Sadly, as there seems to be no reliable information about the actual selling price, the violin got estimated at its current value, wich is much more.
- German customs are always keeping goods as a security until taxes (and fines) are paid, or the case is cleared otherwise, wich is standard procedure.
- However, they are even willing to make an exception if she can proove that not having the violin is an unreasonable hardship, as she cannot do her job. Note that this (IMHO) a voluntary thing.
This is factual information, maybe you want to add this on your page as many people don’t get that this is not about proof of ownership.
I agree this is a terrible situation for her, but it could have been avoided if she would have had proper documentation with her in the first place, wich is just a reasonable thing to do when carrying a million dollar item across borders.
Thank you for your information. Now I understood. Lots of people don’t understand and are just collecting signatures on the Internet.
I’m so sorry to hear about this happening to such a wonderful musician. This is our worse nightmare. I hope that she took pictures of the violin, so that when she gets it back, she can show that her instrument was in perfect condition when they took it from her.
Could anyone stop Merkel from plundering European citizens and even residents from Japan of their money and belongings?
What are you talking about? Because “Merkel plundering European citizens” is just comical nonsense.
hi George, what the hell are you talking about? What does Merkel have to do with the wrong decision of some border cops? Maybe it was note even their mistake, the vilonist needs to have the proper owners paper. Maybe she was just to naive.
There’s a fiddle somewhere in this!
If I went shopping in any country outside the EU and brought the goods back to the UK, I would have to pay usual VAT rates (20% for most goods) plus import duty depending on the goods. Import duty averages 5-9% but can be much more. So on Ms Horigome’s own valuation of 1m euros (I only have the link you provided for the facts – there is nothing more in the European press at the time of writing), she would probabaly have had to pay at least 250,000 euros if she had imported the violin into the UK. Her mistake seems to have been failing to declare the instrument when she imported it from Japan for the first time after purchasing it for 250,000 = her tax liabilities would have been one-quarter!
It does not matter that Ms Horigome was stopping at Frankfurt on the way to Brussels – import and customs duties start at the EU borders. Mr Lebrecht may not like paying legal taxes – I would love to bring in more than the duty-free allowance of £135 when I come back from the US – but calling on the German Chancellor to call off “her rottweilers” is a quite ludicrous reaction.
If you used the item for a year before moving it across the border, there is no VAT. It is regarded that the it is for your own use, and not for resale. Michael, have you paid tax for the clothes you take to your vacation?
Typically heartless, officious and legalistic British response. Fortunately most of the rest of Europe is not that way, save for Germany, but even the German people are going to be more sympathetic than a Brit.
Howard Fredrics: perhaps you have a particular personal grievance against a certain British educational establishment, but please don’t hijack Norman’s excellent post to insult the British at large. Britain is actually a famously fair-minded nation and I have no doubt the vast majority of British readers would be sympathetic to Ms Horigome’s plight.
Norman: thanks for drawing this to our attention and MV-C notwithstanding, ‘call off the rottweilers’ is far from ludicrous – it is the obvious reaction.
M V-C, above, is right. If Ms. Horigome can produce the sales receipt showing that she purchased the instrument outside the EU several years prior to her taking residency in the EU, if she can produce copies of insurance policies for the years of her ownership of the instrument, and if her insurance policy shows a current valuation of €250k, it is very likely the German authorities will permit her to retroactively import the instrument without incurring severe penalty.
When someone enters the EU carrying the material equivalent of €1m cash inside a small case, Customs has to document where it came from and what it is to be used for. Presumably most traveling soloists are aided in such matters by their concert agents, who verify in advance the Customs requirements and ensure that the soloist is in possession of the necessary documentation.
Poor violinist, she has to bring her invoices and receipts as proof of purchase ….
Why “poor violinist”? It’s what any and everybody is expected to do. Until there’s a change in the law, that’s how it is. Period.
She has owned this instrument for 15 years. If I went to Germany with my instrument, will they treat me the same and seize the instrument I have played for over 25 years?
If you bring an antique instrument that is worth $ 1 million they will ask you for the proper documentation clarifying the status of ownership and taxation. It’s the same everywhere.
If you import it to Germany (or any other country) you will have to pay taxes. If you bring it for work and leave with it again, you have to pay nothing.
What is your problem with this?
I quote YOU wanderer “If you bring it for work and leave with it again, you have to pay nothing.” Read that and wonder why that didn’t apply to Ms H’s situation.
Because she is a resident of the EU maybe?
er, because you need the paperwork to demonstrate that you own it, that you entered with it, and that you are leaving with it. Without that paperwork, you may well just be importing a valuable instrument, and selling it without paying the appropriate import duties; you may be guilty of evading tax.
If you have the appropriate paperwork, then no problem.
Germany has truly become the Scrooge of Europe.
For a hyperbolic ‘testimony’ to this violinist, see http://www2.osk.3web.ne.jp/~wistaria/yuzuko.htm.
Some of the phrases are almost worthy of your pen, Norman – “an incredible salve of applause concretized the hope of the public and the listeners: to see Yuzuko Horigome win the (Queen Elisabeth) competition”.
This is insane. If I moved into the EU and brought all my instruments with me, would I have to pay import tax on them too? Despite purchasing them in Australia and owning them for up to 25yrs? There aren’t enough details in this brief article to be sure of the exact circumstances, but unless this violin was actually being imported (ie.purchased from overseas by someone in the EU), then how does import tax apply? Does this mean that EU residents must pay import tax on any purchases they make whilst on holiday outside the EU as they return home? I hardly think customs would be bothered with that, but a nice 1m euro violin makes a good lump, doesn’t it? Unbelievable…
“Does this mean that EU residents must pay import tax on any purchases they make whilst on holiday outside the EU as they return home?” Yes – taxation of imports applies in most countries of the world.
I checked Zoll online, the official website of the german customs. It sais that portable musical instruments, if needed for your profession, are free of import tax if you move from another country into the EU (as are other tools needed for the profession). The interesting part is that the violin has been in her posession for 25 years. I don’t know when she moved to belgium (she is a resident there, I read this in another article), but if she had the violin in her posession before that, then she would not have been obliged to pay import tax. I am assuming that she should have registered the violin anyway, being of the great value it has, but this is not specified. But I wonder, one sometimes looses documents. Especially 25 year old documents. Who knows when moving, maybe a box got lost, or you lost it when your house burned down. What do you do in such a case? Shouldn’t witnesses then be enough to sustain your case? If she really didn’t intend to break any laws but just doesn’t have the papers (25 years ago in belgium… paperwork? haha
) then this really is sick-making and scary.
Free from import tax but also free from import VAT?
Because it’s exactly 19% (German VAT) they charged her.
It’s not sick-making, and it’s not scary, if you don’t over-react.
Let’s say you’re right, and the paperwork is lost. Generally, Western countries are amenable enough to acknowledge such situations, but it’s perfectly reasonable that they hold on to the goods while you get your act together to find the paperwork or establish an alternative form of credible documentation. If these were drugs being imported for a legal, medical or research purpose, or potentially laundered cash, and the right paperwork wasn’t there, you’d expect customs to keep tight hold until the documentation was produced wouldn’t you?
And even if you lost the 25-yr old documents – might you not have insurance certificates, valuations… and given time your insurance company and instrument valuers would be able to provide copies, so it’s no big deal.
assuming she did not purchase the instrument there, the Customs Agent(s) should be fired, expenses to retreive the valuzble instrument should be made as well as pain and suffering…I HATE THIS…they know nothing about violins
On the other hand, it is a well known fairy tale (wink-wink) that Jacques Francais once went to Italy with one of his luthiers who cosmetically made a violin look like an instrument of minimal value. At Customs, when the agent asked what is this? Monsieur Francais said ” a Strad, of course”…Everyone had a hearty chuckle and all returned to New York. Yes, it was indeed a Strad, and illegal to remove them “newly purchased” from Italy now-a-days as they are rightfully considered national treasures. Folklore or truth????
Common practice at music store,,,,,,,,let’s say in New York City that “coached” foreign buyers to put duct tape with markings to make the instrument look used.It’s a stupid game but asking for clear rules as to what to follow,,,,,good luck with that.
This is ludicrous. As a violinist with a fine Italian violin from the 18th century, I can say that I would never put duct tape (or any other kind of tape) on my instrument — or indeed, any other “cheaper” one. It would easily damage the varnish, which in turn lowers the value, which is the last thing a savvy instrument dealer would want. Making an instrument look “used” to sneak it past customs is pointless anyhow, since they are all hundreds of years old and been used by countless musicians — the very definition of “used.” My violin is not a wreck, but you can certainly see it’s been around for a while. However, anyone with an eye can also see that it is a good one, and therefor expensive, simply by its craftsmanship, and its elegant lines. Besides, age also increases value. Customs agents are coached in this, at least here in the Netherlands.
This is the most ridiculous thing I have ever heard! I think I would definitely have a coronary if this happened to me. Where are the rights of traveling musicians? Traveling with documents, dossiers or itineraries seem to help explain why you actually have to travel with your instrument of trade-also possibly bringing programs, CD’s and an attitude of, ‘Don’t mess with me MF!’…. Ms.Horigome! I am praying for you!
Yes, of course you should travel with your papers, in the case of something so valuable. It’s the same if you travel with a valuable painting, sculpture, £50k in cash, valuable microphones… whatever.
I am wondering why you think a traveling musicians (doesn`t care the level and how famous) should have different rights as any other person. We should keep all doors and gates open for them because of……? Of course you carry around a Million Dollar Violin wich is different in the eyes of a musican as a photo equipment from a professional photographer. But in the view of the international customs sphere a Violin is ONLY a utensil wich get treated as any other objects and it doesn`t care where, when, and from whom a Violin was made.
The international custom regulation is in the most country`s close to the same. They don`t care about your documents who idnetify you, your status, or why you travel. The custom have the rights and the duty to charge tax assuming as it was purchased abroad and imported regularly.
Here is the ONLY document Ms. Horigome has missed.
Very easy to download or available in custom-office on every european international Airport. Custom officer are helpful to fill out! I think close to the same in other countrys outside as well.
https://www.formulare-bfinv.de/ffw/form/display.do?%24context=0
This is nuts and time is never on your side.Getting your passport back in Nigeria was $100.00 and who wants to be without a passport.Hope this is solved ASAP.
Germany isn’t the only EU country causing problems for traveling musicians. While not as severe as Ms. Horigome’s situation, reports via social media indicate that the UK is also coming down stringently on non-EU citizens visiting the UK on tourist visas who happen to be traveling with musical instruments. In many cases, these travelers are being DENIED ENTRY to the UK simply because they have musical instruments with them.
Several non-EU participants in the British Flute Society’s annual convention, which began Thurs., are reporting that they were interrogated in detail upon entering the UK both in London and in Manchester simply because they are traveling with their instruments. One participant was DENIED ENTRY to the UK because British authorities refused to believe that he was not being paid for his performance at the BFS convention. (All BFS performers, as with the US’s National Flute Assn. and most flute conferences worldwide, are volunteers.) Even with Embassy intervention, British immigration refused to let the man enter the UK and he was sent home.
The British Flute Society reports that this also happened last year, when an entire group of Japanese delegates
to the convention were refused entry to the UK by British authorities. These are music educators, volunteer performers, students and music scholars who pay their own travel expenses to attend the conference, who were turned away at the border by British immigration like common criminals simply because they were traveling with their instruments. No amount of persuasion from the Embassy or BFS organizers could reverse the decision.
Yes, it’s understandable that the UK wishes to protect the work interests of their own musicians, but it’s going to a very absurd extreme to question and hold in suspicion every non-EU traveler who tries to enter the UK with a musical instrument, which is apparently what’s happening. It’s unrealistic on the part of British authorities to assume that everyone traveling with a musical instrument is going to be earning wages with that instrument if they are allowed to enter the country. Right. Like it’s that easy for musicians anywhere to find jobs.
It’s horrific what’s happened to Ms. Horigome in Germany but the UK is certainly not far behind in its unreasonable treatment of musicians traveling with instruments. I hope that people continue to speak up and report their personal experiences until these problems are resolved.
Do you know if such interdiction would also apply in Canada? I work for a non-profit that is basically a chorale and symphony orchestra whose members are healers (doctors, nurses and others from medical centers
and schools all over the USA) that get together like a convention, hold a few rehearsals, then give a concert, either a tribute to veterans or a goodwill friendship kind of thing. They are not paid, in fact they pay to come. Our next concert outside the US is going to be in Toronto, CAN, this coming November 7.
I am scared every time at the customs since once in Vancouver happened almost the same to me; “almost” because I could convince the customs officer that I am traveling with my violin since ever, all over, about 20-30 times a year without problems.
…by the way, if this happens ever, we can always say, “oh well, this is a cheap factory violin, worth nothing”
and when they confiscate you say what?????????????????
Mike
I’m not sure why would they do that; never heard/experienced such scenario; however, this is honestly a rare case anyway.
And I think that those officers have generally absolutely no idea of instruments high class, maybe heard of some numbers of violin values and seeing the lifetime opportunity to be the “great officer” making themselves important. I remember of many of those at the former Hungarian-Austrian borders, (by car) sending back us home to get the purchase certificate of our instruments. (there I’ve learned to be the the stupid and pretend having a worthless fiddle, – by the way, my is a Ferdinand Gagliano)
Funny to read all the vitriol and rotten stereotypes about Germany, Merkel, German shepherds and Rottweilers. You guys are making such fools of yourselves.
Obviously the violin did not have proper documentation. Try to travel to the US or Britain without proper documentation. Of course the violin will be released, as soon as she shows the proper documents.
Now guys, go back to whipping the Merkel doll in your basement for your excitement.
You’re right, this is not about Germans and so on.
But honestly, in the last 40 years, I never had my “proper documentation” with me, also to US and Britain (I don’t even know where to find it) and as I said only once in Vancouver had minor problems. I think, having an instrument with us is quite natural if we are musicians, not only at concert halls but also at airports.
How would it sound to have all the receipts of the content of our suitcase?
carrying all kinds of ownership documentation would no doubt even send up more red flags to these “Inspector Gadgets”…it is a problem though…airlines want you to toss it in the belly of the plane as mere cargo junk and not allow you to carry it aboard and the Customs Agents expect it to be the motherload for taxation
Eh? don’t be daft. These things depend on what is seen as reasonable. “Normal” clothing, expected reasonable items, etc. in your suitcase would be considered fine. But carrying around something abnormal wouldn’t. Look, your suitcase isn’t inspected every time you travel, but it can be. And if you know you carrying something across borders which may require explanation, you should have the documentation with you.
I’ve travelled all over the world making recordings. Mostly without incident, but occasionally at airports (or road border crossings) I’ve been asked to explain why I have certain valuable microphones with me – what they are, their purpose, that I own them, that they are not for re-sale – and to then demonstrate on exit that they are still with me. For some countries, it is necessary (at least advisable) to travel with a carnet for such items. Expensive procedure, sure, but it’s the proper and legit way to do it.
If you are willing to take the risk of travelling without the proper paperwork, then that is your risk, and your fault if it goes wrong, End of story.
lesson learned…but now what is considered “PROPER PAPERWORK?”
<<>>
you are also right Anon;
but some times instruments are sold differently then mics or other studio equipment, even some times without any papers. As I’ve mentioned, I couldn’t find my docs for my fiddle, I bought it about 30 years ago, and anyway its’ value increased three times the value that it was by then.
Even with other equipment; a friend of my travels all the time with her gear for stage work with e-violin and the only trouble she gets is at the security because it’s a lot of metal stuff.
No, since travel in general (road or air) increased greatly in the past decades, traveling with an instrument became rather “normal”, – like another case or bag, filled instead of clothes but with an instrument, – than “abnormal”.
Actually, I remember one almost funny story from the 70′s when a friend of my was traveling to Hungary (still in the era of the iron curtain) and she got a stamp on her violin as a proof to take it out of the country again. The stamp disappeared after a few days and thank for a different customs officer, nobody cared about the violin when she was traveling back.
And like in Vienna, (with a quite unfriendly staff at the customs) where we have quite a number of orchestras and other musicians traveling all the time, where you see people with instruments frequently, it would be a disaster something like this story. I can swear that no one ever has a “proper documentation” with an instrument!
I carry mine all the time. Netherlands customs is scary. They stop musicians all the time — they’ve stopped me about 3 times, and more than a few colleagues over the 7 years I’ve lived here. They threatened confiscation to two friends (in two separate instances about 5 years apart), but fortunately both could scrounge together the tax and pay them — right there in the airport. In both instances they got their money back, since both could then prove that they had bought them before emigrating. You better believe they always carry their instrument’s papers with them now. Important to realize too is that if you have no documentation, customs can decide for themselves what they think the value is. If you actually do owe tax, and they are wrong, of course once you prove the actual value you’ll get your money back (or owe more, as the case may be). In the Netherlands they are trained to spot fine instruments and assign value.
We all carry our own papers to travel; what’s a few more? I have them slipped inside my case, so I never have to worry about forgetting them before a trip.
I’ve also lost the documentation on my cello over the years and (bad me) don’t have it insured either. If I dare travel with it, how do I prove I bought it at a store that I sincerely doubt keeps bills of receipt from the 1980s in their possession?
Just a problem. If I understand well a musician using an instrument is different of a singer.
Could a custom officer ask to pay also for the vocal cords of a singer. Crazy isn’t it ?
Everyone have the same rights ?
Somehow it seems wrong to pay VAT for an object that you already payed taxes on in another country. This actually happens quite commonly to musicians but since mr Horigome is famous and her instrument quite valuable the world notices. But if you earn let’s say 10.000~20.000 euro net yearly as an avererage musician it is not a nice surprise if they impound your instrument and make you pay a years salary to regain it which is what happened to a friend of mine.
The argument is that if you move from let’s say Japan to Europe you have to import all your posessions like for example a car and pay import tax. But these instruments are not new commodities, but probably 10th hand since in this case it is 300 years old and they increase in value. This one quadrupled over 15 years… If for every time an instrument is sold and exported some government makes that much money on it, musicians will be even less able to afford them over time.
Ha! Well – I agree, but most don’t. Import duty is a barrier to free trade, and free trade (with specialisation) is what has made Western society the most quickly developed in history, and raised the most out of absolute poverty the fastest – ever.
You try to persuade the European Union not to slap import duty on food from Africa, for example (removing that and the CAP would almost solve African poverty overnight): not gonna happen.
Sorry, a bit off-topic. None-the-less, just because you’ve paid tax once doesn’t mean you won’t pay it again. You pay income tex on your earnings, but then more VAT on goods you buy, and more tax again if it’s petrol, booze or fags…
Curiously, when an instrument has been stolen and is being spirited over borders, the thief is never stopped!
Nonsense. It’s just rarely reported. Frequent cases of stolen goods aren’t news-worthy unless the goods happen to be something notable.
Traveling violinists already have to endure the anxiety over whether or not an airline allows his/her instrument in the cabin, if he/she will get harassed by customs agents about antique tortoise shell or ivory frogs, and now this!?
When will hard working musicians who have a difficult enough time as it is affording quality instruments stop getting targeted for using the tools they need ?
A member of my family bought a bow with a tortoise-shell frog in the UK and brought it home to the US; this was about 30 years ago. Despite having papers proving that it had been made before the ban on importing tortoise-shell into the US, and therefore exempt from the law and legal to bring in, the bow was seized by customs agents and the frog was smashed to bits in front of him. I have an old bow with a tortoise frog and I’d never in a million years travel with it.
But if she never mention the word “Guarnerius” maybe they will never ask for a “ransom”….And I dont understand….the violin is about 1.000.000 euros and the german custom wants 200.000? What a way to make living without playing a note.
We have opened facebook page for her. Sorry we are Japanese but please put the like for her.
http://www.facebook.com/#!/ganbareyuzuko
As always on this blog: In any conflict between artists and public authorities, artists are always considered being right, authorities are always considered being wrong.
The facts provided here do not allow for a judgement – and, by the way, citing “Bild” as the only source for this story is rather ridiculous. (For the English readers: Bild is as reliable as The Sun or the Daily Mail.)
Maybe, the customs officers were wrong. But maybe Ms. Horigome was wrong – as somone mentioned before, a possible explanation for the seizure could be that she did not carry the necessary documentation for the instrument.
We don’t know, and you, Norman, don’t seem to know either. So please refrain from prejudices.
But maybe this is a good moment to remind ourselves that laws do apply for artists as well.
Simon –
1 Bild was not the only source, simply the most convenient one online.
2 There is no prejudice here. A musician in transit was harshly treated by German officials. It may be that she failed to explain herself properly or that she carried insufficient documentation. But the presumption of guilt by the customs authorities is, to say the least, authoritarian and deserving of protest.
With all due respect, the “presumption of guilt” is quite a stretch applied to a law enforcement official, asking for the legally required documents and acting accordingly when the holder of the violin fails to produce them.
By your definition, ANY customs or tax official enforcing the law is “authoritarian and deserving of protest”.
Mrs. Horigome is an EU resident and thus taxed in the EU. When carrying a valuable commodity over the border, she has three options to comply with the law.
1.) the violin was purchased in the EU and she already payed VAT on it. She can prove it with the purchase invoice.
2.) the violin was purchased outside the EU. She already payed import taxes on it when she moved to Belgium. She can show that with the receipt. If she didn’t yet pay those taxes, she has to pay them now.
3.) As an EU resident, she brings the violin into the EU and leaves with it again. She will pay a deposit on the import taxes and will receive a refund when she presents the violin on exit.
If I’m not mistaken the role of the customs authorities is to be authoritarian. The need to foolow the rules, just as does any traveller bringing valuables to the country. Of course they can make mistakes, but so can a musician. Let’s just hope, she can provide proper documentation. And if not, well, she made the biggest mistake, by not following the rules that apply…
Norman,
1 – OK, if you say so. Citing Bild simply doesn’t make a story more credible in my view.
2 – Neither the Bild article nor your post does say anything about inappropriate harsh treatment, apart from the seizure itself. And that does not imply a “presumption of guilt”, such a seizure is in most cases the only way of enforcing legitimous claims. An, by the way, in customs terms she was not “in transit” at Frankfurt airport, but entering the EU, which is a unified customs area. There is no customs control on a flight from Frankfurt to Brussels, so the German officials did not act to secure German interests but to secure EU intersts. When you fly to Chicago via NY JFK, you will passs through US customs and immigration at JFK as well.
Anyway, I am sure Ms Horigome will get back her violin as soon as she provides the appropriate documentation that she is the owner of the instrument and has no intention of importing it into the EU.
And by the way it is in the interst of all of us who love arts and music that international traffic of cultural goods is supervised by customs authorities. Otherwise, they would open the door for smugglers, thieves and recievers. And you can’t blame an ordinary customs officer for not knowing Yuzuko Horigome. That’s way anyone travelling with a 1m-instrument should carry the appropriate documentation and declare the instrument properly at customs – she obviously didn’t.
If a EU resident (even if they are japanese) imports a violin from outside the EU, they have to pay input VAT. This is the same for everybody and applies to every violin, from the most worthless ebay box up to and including Guarneri. Should Ms. Horigome have bought it after taking up residence in the EU in the far east, and not have paid the input tax, simply walking through the “nothing to declare” channel for the last 15 years, she would be guilty of smuggling and tax evasion. In this case the fine and prossecution would be entirely correct & justified. In this case I would expect you to be appropriatly ashamed of your racist reflex v. Germans.
To Simon also:
I have no idea if you are even a musician or not, but it seems that you don’t have experience on this mater.
We don’t need to learn how to respect law!
A violin is our tool for making music, we paid to have them more or less, often many years or even decades ago, many of us have a lifetime loan for that, we don’t sell it while we are on a tour because we need them to play, actually, believe or not, we love our instruments like a person (or more) and we bring them back home always because we need them for practicing and for the following concerts/tours, so we will travel with them always and as far as I know that is not against any law.
Nandor, I get your point, and I didn’t want to offend you and your colleagues. But please keep in mind that the customs officers are just doing their job and they do it for the benefit of all of us. And it is their job to see a 1m Guarnerius as a valuable object for which certain regulations apply. And as long as you carry the appropriate documentation and declare the instrument properly at customs, there should be no problem.
Non-EU citizens cannot play in EU with their own instruments, anymore.
What about International Competitions in EU?
Heaven on Earth:
With a French Cook, an Italian Sweetheart, a German Engineer, a Swiss Banker, and a British Custom Officer.
Inferno on Earth:
With a British Cook, a Swiss Sweetheart, a French Engineer, an Italian Banker, and a German Custom Officer.
Well, I actually prefer British cooks to British immigration officers and security staff.
The British Customs officer was only added so it doesn’t get too obvious, that in Heaven nothing is British.
Violinists, it seems, are enduring the harshest treatment of all musicians traveling with instruments. But treatment of woodwind players by international security and customs officials often borders on the ridiculous.
There are frequent reports of wind players who are required by authorities to assemble their instruments and play. Seriously.
In June, a US colleague arriving in Frankfurt was required to take out her flute and play for authorities before they would let her pass. I’ve heard of this happening to wind players often at various airports around the world.
No one is sure if this actually a security requirement, or if it’s just to entertain bored security/immigration officials. It always gets a good laugh from those asked to do it and no one I know has ever refused, but it’s more proof that when it comes to musicians traveling with instruments, the authorities apparently have carte blanche.
There are two reasons why travelers are asked to play their hand-carried instruments: to verify that the instrument is indeed what it appears, and not a disguised explosive device; and to verify that the instrument is indeed the possession of the traveler. Cavities within instruments have at times been used for smuggling various items, and instruments themselves are sometimes smuggled for purposes of avoiding VAT and import duties.
Well, it is a rare incident… but it actually happened to me several years ago. That is indeed the law everywhere in the World! One has to be able to show having paid the proper taxes on… anything! The fact that it is a violin does not change a thing except that in some countries, the tax for antiques is actually lower than for new items. In any case, I had to pay cash a very big some of money to get my 18th century violin back. As stated earlier by someone, they could be nice and only tax her on the amount she purchased the instrument, even if that was a number of years ago, and decide to drop the penalty charges as she did not really intentionally try to cheat the system….
Following my previous message, I actually think it would be best to stop talking about all this as I would fear that custom officers will start checking each violin in the world from now on, hoping to catch another one without the proper papers…
There is a line in that late 60s movie “Those magnificent men in their flying machines” which goes “You need the forms? Go over to the Germans, they have invented bureaucracy!” – I always knew that my country-men have a screw loose when it comes to following rules and regulations (one reason why I left my country for good). I never knew that it has now crossed the threshold to mental sickness. I have now words for this amount of stupidity and arrogance.
From the many comments above I can get a partial understanding of the rules. Cfor the benefit of myself, and many others who may travel with insreumwnts of value, can anyone explain:
1) If I buy an instrument overseas, and bring it “home” to my own country, what taxes should I pay ?
2) If I own an instrument already, and I take it on tour to a foreign country, what taxes should I pay ?
3) If I own an instrument already, and move to live in a foreign country, what taxes should I pay ?
4) If I am carrying an instrument which is not mine (eg on loan, or borrowed) and I bring it to a foreign country on tour, what ?
And in each case, what documents should I carry to confirm the situation ?
Many thanks for any definitive advice.
one more thought to this blog;
aside from all the arguments pro laws, customs and that we musicians should the “proper documentation” always carry with us, yes, you guys are all right about that.
The only problem is, like it is in my case, if you don’t find those papers any more because you purchased the fiddle many decades ago from some other musician god knows where, and you moved since then 20 times.
Actually, I’m sure there are many instances for having a violin in the family for generations. How the heck can you prove that?? Some times even those fiddles hiding for ages in attics, found by new owners of the house.
Or, when I moved to the EU, I was allowed to bring all my belongings with me tax free that I owned for more than one year; how can I prove that? Actually, when I moved to Japan, I had my violin with me, surly, that was my tool for my work there. And without paying the Japanese tax. Maybe that would have also been something unlawful but perhaps it was self evident that I needed a violin if I played in an orchestra.
Do I understand something wrong, that if I enter any country with my violin then I need to pay the taxes applicable to that country?? I guess in that way we could never have any concert tours any more!
By the way, those who really want to make business of importing and dealing with violins, they will do it no matter what because they have their tricks anyway. So if the authorities are trying to stop them, they should start to search somewhere else than harass us the musicians.
Well, and then there are the millions of violins with false name, certificate etc. Even respected experts have often no idea what is an instrument really and the value of it! Or even the other way around, they sell instruments with much too high value. (e.g. a recent scandal of a Viennese violin dealer)
Perhaps, in this case would have been helpful if Ms. Horigome had the necessary papers with her but this story proved again something about authorities any kind!
It is scary to read this blog and realize how little people care about facts. Even more scary that they don’t know them and are even not interested to learn about them. It’s called ignorance I guess.
Now even a second thread was opened, without anyone asking for facts but stating emotional collusion, that violinists should be above the law.
Anyone enters the EU with a $ 1 million good/item will be asked by ANY EU customs officer to explain the origin and ownership of the item. If it’s legally an import, you have to pay taxes. If not, then not. At the moment we are waiting to find out which scenario applies.
But guys, keep on your pissing match who pisses the most on the German Rottweilers. It’s entertaining for you I guess.
Out of curiosity I looked into what kind of documentation might be helpful to avoid this sort of problem. One of them, apparently, is called an “ATA Carnet” which I believe is something used by most orchestras. You basically register whatever goods you want, and (surprise) pay a fee (ranging from about $200 to $350) and this is supposed to be recognized by most countries and avoids having to pay VAT (but I’m not sure whether it avoids other possible fees). There should really be an official document such as a passport, like there is I believe one for pets (I believe the ATA carnet is actually called a “merchandise passport”). The real problem here is knowing what qualifies as “proper documentation” — from looking at various websites I still can’t figure out exactly what that would be — an appraisal dated a long time ago, an insurance policy, an actual receipt? How does one prove length of ownership? Apparently this kind of incident happens more than we might suspect, and it makes one wary of traveling…
The carnet is a useful tool – we use them on recordings travelling to Russia and Switzerland in particular. In essence, it forms a bond administered by a recognised Chamber of Commerce (I think I’m right in saying) – so if you illegally import / export anything and avoid the duty / taxes, the Chamber of Commerce have to stump up (and presumably sue you in turn!). You are, in effect, insuring the countries you visit against illegal evasion of duty.
The carnet shows details of all the items you take with you. You must have it stamped on exit from the UK (in our case) and entry to Russia (for example). Then when you exit Russia, you won’t be accused of trying to illegally export goods (because you can show what Russian customs agreed you brought in with you). They will also know that you didn’t evade duty by importing items to be sold without paying import duty, since you can show you are taking them all out of the country again. And when you arrive back in the UK, you won’t risk being charged import duty, because you can demonstrate that the good are the same ones that left the UK, visited Russia, and are coming back to the UK where they originated.
(You then return the completed carnet once you’re back to the Chamber of Commerce for their files. Without it back, properly stamped, you could have evaded tax, and penalties are rightly due).
It’s a system relatively simpler in conception and structure. Slightly more complex in operation, since some countries don’t have customs officials waiting for you at the border to stamp you in or out, and it can be a litte effort or a wait to find them. But worth it if you are carrying anything of value and want to be sure of getting where you want to go!!
It’s a system that’s been around for a long time, and I believe most – if not every – orchestra on tour use it. I would assume most agents might for their soloists too, though with the world being a generally more friendly and open place than years ago, it’s perfectly possible to get by without one – until…
I’m sure the Musicians’ Union would advise musicians to use this scheme, or something similar.
Thank you so much for your knowledgeable answer, I am thinking about doing this on my next trip after reading about this horror story — though I do not relish the expense — but there is one thing I am not clear about, and perhaps you would have an answer for it. In looking through their website, it looks like in order for this to work you have to give the company who issues the carnet a deposit equal to 40% of the goods you carry, and then you get the deposit back upon your return when the carnet is cancelled. Is this correct or did I misunderstand? That would be an additional hurdle. Thank you for letting us know, if you can. This being said, I would imagine most soloists and professional orchestras carry this carnet with them — it’s a small expense compared to the possibility of having to pay, unfairly in most cases, a huge penalty.
I think it depends where or who issues the carnet to you. For sure we don’t have to find 40% of the value to put up as a bond. I think if you arrange your carnet through (e.g.) the London Chamber of Commerce that they in effect put up that bond for you – or a guarantee to that effect.
This is just TOO MUCH !!!!! We are not criminals, we’re just musicians trying to survive and to do our job; how do they DARE to do such a thing????? Why don’t you burocrates and police dogs leave us alone living our lifes?????…..you don’t have ANY???????????????!!!!!!!!!!!
It’s easy. Next time these government bueraucrates want to fund your orchestra or make the tax payer subsidize your salary: Don’t take it! How DARE they to mess mess with your life! They should leave you alone!
Wanderer ~
Neither the German government nor the EU funded the concert in Japan to benefit victims of the tsunami & quake, which is where she’d been performing.
If they had been asked about donating, I entertain the though that it would have resulted in a goodwill donation, a scarce commodity in some quarters-crotchets here. The insightful analogy by Gian Marco Sanna and his being repulsed at being treated like a creepy criminals carrying around a foot device to track their movements (likened to carnet) juxtaposed against a good govt. bloke trying with all his or her might to properly monitor the EU border: these two will always be after each other – the liberty-loving artist and the detail-driven border guard. I had a great deal of pity for an unnamed Hilliard Ensemble vocalist who was refused entry at a US border (how do you spell “visa”), thus making a concert in the US (at least before 1994) impossible for them with their group intact. Bet it never happened to them again. Even without an instrument, you can screw up as a vocalist too. Old joke: How do I get to Carnegie Hall? For more bonus miles, down Hilliard Way. The normal route: Practice (filling out forms), practice (taking out carnets), practice (having your agency do it, so you can be a creative free spirit – yes, Michael, a world with no borders would make your life easier).
If you smuggle and evade 6 didget taxes, you certainly are a criminal. (Tax evasion in Germany carries a max. 10 years prison sentence!)
That is all to fill out before you leaf the EU with your Violin. Where is the problem to inform before you travel???
Please read also my reply to Anne Akiko Meyers coment!
https://www.formulare-bfinv.de/ffw/form/display.do?%24context=0
Dear Wanderer. Don’t get so excited about this. Also musicians have to follow the rules travelling in each country. A simple call to her agency or to the airport would have saved her all the trouble she now has. I work in an artist agency and deal with this burocratic shit every day. The simple trick to avoid problems is to follow the rules given by each country. This way everybody is happy. But for some musicians it is simply not possible to understand as they are musicians and they do not have the head for anything which is outside of their music. Believe me, I know what I am talking about, I have musicians in my own family and I know how bad they sometimes organize their life. Well it’s as easy as that. Cheers!
What is so disheartening , is the preponderance of comment here that supports the officious legal tyranny imposed on the public by unelected bureaucrats .
The EU countries , now run by central banks , by and for the banks , are no longer sovereign ; perhaps a non sequitur to those following this case , but I think it has bearing . Regulations and rules now apply to everything
to an absurd Orwellian degree .
Come on people , have some humanity , and stick up for each other , not for some damn official of the state .
What is so really disheartening is the number of people who think that if you have a million-dollar-euro-pound musical instrument you don’t have to observe any tax laws! If you believe there should be no taxes or you should only pay income tax if you want to, then say so. Most countries need a tax system to pay for the services we take for granted, such as education, health, public roads etc.
Most educated people know that if you import goods into a country there could be tax consequences. It is very sad that there seem to be so many mad musicians and their supporters who seem to think that their profession should be outside the laws that the rest of us happily observe!
She was not importing the instrument. She was in transit for Belgium. The Germans had no business to detain her or her instrument.
RIGHT!!!!!!!!!
That’s not correct. Since the Schengen treaty abolished border controls inside of most of the EU, the first point of entry into the EU is the point of custom control. So the German customs had of course the right and obligation to check her violin.
What exactly happened and why, we don’t know. But I would abstain from drawing premature conclusions and putting blame on the law enforcement authorities only, without knowing the facts.
Of course if Ms. Horigome did nothing wrong, she will get her instrument back. But we don’t know if she did or not.
But how are the border officials supposed to know that?
To Michael Varcoe-Cocks:
if you don’t know what we are talking about here, please don’t insult us unnecessary.
Keep in mind that we are not mad, and indeed, we are highly educated!
Well, Nandor Szederkenyi!
I write my words carefully and do not think they meant – as you suggest – that I was insulting all musicians by calling them mad and uneducated.
If you’re educated you know there are tax consenquences if you import valuable goods into a country. If you feel that tax laws do not apply to you then you (not YOU personally, of course – you in the impersonal sense of one/man/on) are mad, not in the medical clinical sense but certainly in the colloquial sense!
I know musicians are highly educated, but I know many artists – dancers, actors and musicians – and I think many of them (especially dancers) ARE mad and I mean mad as a compliment! Mad to have devoted such incredible efforts and long periods to create the live performance art we enjoy so much. But none of them are entitled to say that their genius excludes them from normal tax liability.
“…But none of them are entitled to say that their genius excludes them from normal tax liability…”
Who said that??? not me for sure!
“…excludes them from normal tax liability…”
there is NO tax liability in this case at the first place.
Come on guys, just leave us alone; I am sick and tired of this whole story because it’s such a great nonsense.
After all, we are traveling all the time without problems, so really, why suddenly this big deal? I tell you why: because there was a wonderful customs officer in Frankfurt who never heard about musicians and instruments before and wanted to be really smart!!! End of story.
We can write message to them via
http://www.frankfurt-airport.com/content/frankfurt_airport/en/contact/contact_criticismandsuggestion.html
unfortunately this form is only about their website; I copy/paste-ed the title:
“Contact form for criticism and suggestions concerning our website:”
On the topic of taxes: has anybody heard that if you make $\£\€100,000 in Sweden, the government taxes you 103%? So you actually be in debt? I think it’s the same idea with expensive instruments… What about jazz?
I think it’s pretty obvious that if you buy something, then you pay sales tax. But she had already bought the violin, so she must have already paid the tax. Besides, if she didn’t have paperwork to prove that she had paid tax upon purchase of the instrument, then she probably also had no papers to prove that the instrument was worh either a thousand or a million, so it could go either way…
Sure, but sales tax (in country of origin) is different from import duty (in the country you are importing to).
Often, if buying goods (and so paying sales tax) intending to export them, you can then reclaim that sales tax on exit from that country. e.g. USA shoppers can often reclaim VAT in the UK on exit.
But you still need to pay the relevant import duties on arrival at the destination country!
For all those defending the customs officials consider this – a simple inspection of the Internet would have led them to Yuzuko Horigome’s website with many photographs of her and her violin (identified clearly) obviously showing that she is a professional musician of considerable rank and that the violin has been in her possession a long time. The fact that this wasn’t done and the Customs demanded money for the return of the violin (if a private citizen does this it is called extortion, the principle is the same) suggests the normal officiousness, offensiveness and stupidity beloved of officialdom all over the world. There is indeed a need for procedures but this sort of incident reminds one of an apposite remark ‘Give a little man power and he’ll use it to show you how little he is’ (Imran Kahn in a very different context it must be admitted). Lack of imagination, stupidity and inflexibility are the preserve of bureaucracy and this is a perfect illustration of all three combined.
Were you there? Please tell us more about the details. You seem to know exactly what was going on and what was being said and done by whom.
Dear Wanderer,
We should ask you exactly the same question. No matter what the topic on Mr. Lebrecht’s blog, you seem to consider yourself better informed and morally superior to any one else who expresses their opinion,. including Mr. Lebrecht himself. You are negative, condescending and you constantly belittle readers here simply for expressing their opinions, no matter what is being discussed.
No great musician or journalist or intellectual or humanitarian would behave like this. You sound to be a bitter, unsuccessful old European guy – maybe a failed composer – who really gets off on belittling folks here under a veil of anonymity and the freedom of the internet. Your profile is taking shape to regular readers here. If one googles “Wanderer” and “arts journal”, everything you’ve posted comes up. You’ve insulted quite a few readers. Go back to your Bruckner and stop insulting people.
Ownch. Play the ball, not the (wo)man.
And why exactly should you expect the customs folks to go out of their way to look this up? Even if they had done so, how would they really know one violin from another? I might not be confident at positively identifying a violin from a picture on a website and seeing one in front of me, and I know a bit about string instruments – so a customs officer who may never have seen a violin at close quarters before?
If that’s the level of inspection you expect, then welcome to a world of illegal imports and tax evasion…
Further, the website you suggest doesn’t really show the violin clearly at all, and makes no obvious mention of her country of residence, so I don’t really see what it would usefully have told the customs officers to help them change their minds on this case.
It is called investigatory skills. You have a suspicion which is at variance with the account given. You research and investigate – that would be the normal practice of a competent person. After all you are dealing with a very valuable item. With the website it indicates that not only is she a musician of international repuation but that she has owned the violin for a long time. One thinks about the UK where the police will do document inspections of drivers. If the documents are not availiable the driver has (I believe) a week in which to present the relevant documents to the nearest police station. It works rather well. I understand from the accounts that Ms Horigome presented the relevant documents the day after – documents which clearly proved that she was the legitimate owner of the violin. Why then is the violin still held? It is not really important that she didn’t have the documents with her, she was able to present them. This is rather a case of official inability to admit that they got it wrong and are digging themselves into a deeper and deeper hole. If one has dealt with officialdom for any period of time one recognises the symptoms.
Sardis, the problem is that this is not about proof of ownership at all. Nobody doubts she is the rightfull owner. This is only about the fact that she cannot proof that she paid proper taxes after buying the violin and bringing it into the EU. As an EU resident, she would have had to pay import sales tax upon entry, and it doesn’t matter that this happened 15 years ago, the debt would still be valid. As a standard procedure, customs will keep the violin as a security until taxes are paid or the case is cleared.
It seems the she is not aware of those facts, as she is cited not to understand why she doesn’nt get her violin back after providing proof of *ownership*, but again: ownership doesn’t matter. And given her naivity in that matter, there’s a chance she actually didn’t pay those taxes, while acting in good faith (hopefully). If this is the case, she *actually* commited tax evasion back then.
the “debt” would not “still be valid”
. Portable instruments owned by professional musicians are exempt under EU rules. That’s why this seizure is a news item.
Source? I think you are referencing a certain law that concerns declaration during *travel*.
But this is about importing something into your country of residence.
Like: I can use my car to travel to/from a country outside the EU, however, I cannot import a car I bought there without paying taxes.
This is another of those red herrings beloved of officialdom. It isn’t actually relevant. She uses the violin for work and even the German customs authority acknowledge that in that case import taxes are not imposable. Furthermore I understand that import taxes are not applicable on items which have been owned by a person for over one year. (Though I may be wrong on the latter point) She can prove that she has owned the violin since 1986 – over one year in fact. German customs should have released the violin as soon as they received the relevant information with an admonition for her to carry her documents next time. The fact that they still haven’t done so is because they don’t want to admit they got it wrong.
“She uses the violin for work and even the German customs authority acknowledge that in that case import taxes are not imposable.”
No. They concider making an exception and providing her access to her violin because it would be an unnecessary hardship if she couldn’t do her job. They NEVER acknowledged there would be no obligation to pay taxes in that case.
“Furthermore I understand that import taxes are not applicable on items which have been owned by a person for over one year. ”
No. This only applies if the item was used *outside* of the EU for a year before importing it. In this case it is assumed the item was not bought to use in the EU in the first place.
“German customs should have released the violin as soon as they received the relevant information”
… but they never did. The relevant information that needs to be provided is that she paid proper taxes when importing the violin.
“No. This only applies if the item was used *outside* of the EU for a year before importing it. In this case it is assumed the item was not bought to use in the EU in the first place.”
Wait – you’re saying the violin was not used outside the EU for a year before ‘importing’ it, then say you assume the item was bought to be used outside the EU.
Setting aside that it’s a violin made in Italy (which is in the EU), and there are programs for repatriating antiques to the EU outside of normal tax schemes, and there are programs for VAT exemption on certain items if they are necessary for one’s profession (which is why a spokesman for German Customs said they’d return the violin if it can be proved she needs it for work – something a simple Google search of her name should have shown them)… setting aside ALL of that… you’re still contradicting yourself.
To clarify: when I wrote “in this case” I was talking about the hypothetical case of somebody using an item outside of the EU, not about the case of the japanese lady.
D’Arcy did get this wrong, sorry if I was’nt clear enough.
If such a seizure is allowed, potentially valuables of many people such as watches, engage rings, and wedding rings, also could be seized because of the same reason. This is totally insane. I feel this is the defect of law.
“Personal effects” generally go unremarked. But yes, the same import laws would apply. You want to bring £1m or diamonds from the USA to the UK through Heathrow? You gotta pay import duty as applicable. Marching through with them around your wrist doesn’t make it any better.
I suppose the lucky touring soloists are the concert pianists – they have an instrument resident in each country waiting for them at each venue on tour.
A little off topic, but still in the same general area of artists and similar on tour, the Jamaican athlete Usain Bolt, who won medals in the London Olympics in such spectacular manner, has not competed in Britain for three years, and is not likely to do so in the foreseeable future, because of UK tax laws that would affect his entire global income. These UK taxes were waived for the duration of the Games.
According to this article, if she can prove that it is used for work (which, come on, is almost too obvious), then it will be returned.
“A musical instrument is a tool for my job and like a part of my body as a musician. I’ve used Frankfurt Airport many times and never had any trouble before,” Horigome told The Yomiuri Shimbun by telephone. “I don’t understand why this suddenly happened.”
http://www.yomiuri.co.jp/dy/national/T120822004311.htm