duty free

allthough I appreciate that there is no restriction on bringing back tobacco products from an EU country as long as you can convince HM customs it is for personal use only,but will they let me bring in a years supply as I only go abroard once a year?
12:56 Wed 18th Nov 2009
 
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In theory yes - but in reality you may face an impossible task convincing them.
This is probably a fairly common occurance, run it pass HM customs before you go, they might say yes !
I used to organise several coach trips across the Channel every year when I smoked (gave up 7 years ago) and I used to bring back dozens of packs tobacco a time for my own use. Coaches were usually waved straight through Customs and I never had a problem but we got checked occasionally. There were times when other passengers had huge amounts of tobacco and cigs which they then stated boldly to Customs were for their own use. Customs had to accept that but they always told the passenger that they had estimated the time that person would take to consume that amount of tobacco - say six months - and they wouldn't be allowed to bring any more tobacco into the country if they passed through Customs again inside that time. Customs would also tell the passenger they had 'marked' their passport which would automatically activate a check if the passenger re-entered the UK inside that time. If they were found to be carrying tobacco on that occasion then they would be prosecuted.
The importer has to show to Customs that they are for their own consumption (there are some technical legal issues from the Hoverspeed vs HM Customs case, but this is practical advice not a legal treatise). Some of the main points Customs will consider is the source of funds, the frequency of travel, whether an attempt was made to cover up the goods (eg under a blanket), the amount the individual smokes (and they will ask you this is a number of different ways to look for inconsistencies) and the attitude when stopped. Anything other than total honesty will be treated with suspicision.
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