Post-Brexit import taxes and duties

Post-Brexit import taxes and duties

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Kermit power

Original Poster:

29,472 posts

220 months

Tuesday 22nd October
quotequote all
Morning all!

Having recently started a new job with an EU company that does not have a VAT registered UK subsidiary and therefore apparently cannot act as something called the Importer of Record, I am being treated to a whole new post-Brexit joy, and it's making me feel thicker than anything else I've encountered in 30 years of work! irked

Could anyone point me at a clear, easy guide to what taxes, duties and fees are levied, under what circumstances, who levies them, who has to pay them and what portion is reclaimable?

My scenario is made more complicated by also selling through resellers but then shipping the product direct to the end customer!

bennno

12,729 posts

276 months

Tuesday 22nd October
quotequote all
Kermit power said:
Morning all!

Having recently started a new job with an EU company that does not have a VAT registered UK subsidiary and therefore apparently cannot act as something called the Importer of Record, I am being treated to a whole new post-Brexit joy, and it's making me feel thicker than anything else I've encountered in 30 years of work! irked

Could anyone point me at a clear, easy guide to what taxes, duties and fees are levied, under what circumstances, who levies them, who has to pay them and what portion is reclaimable?

My scenario is made more complicated by also selling through resellers but then shipping the product direct to the end customer!
How do they employ you without a UK subsidary?

Kermit power

Original Poster:

29,472 posts

220 months

Tuesday 22nd October
quotequote all
bennno said:
How do they employ you without a UK subsidary?
We have a UK subsidiary, but we're not VAT registered. That, apparently, is what makes the difference with regards to being able to act as importer of record.

Pistom

5,577 posts

166 months

Tuesday 22nd October
quotequote all
I think we need more info Kermit.

Why is the company not VAT registered? Doesn't reach the threshold or for some reason exempt?

What are you wanting to do?

You will have to pay VAT and possibly duty on product coming into the UK.

Can you explain what the company is actually doing? What its trade is?

I can't think of many examples where duty can be reclaimed but it can be offset against trading profit. The same is true with VAT if you're not registered but I'm confused over why the company isn't VAT registered?

I take it that the UK subsidiary has got an EORI number, or Economic Operators Registration and Identification number which is a unique identifier used for customs clearance in the European Union. It's required for all types of customs operations, including imports, exports, and transit

Edited by Pistom on Tuesday 22 October 11:04

Kermit power

Original Poster:

29,472 posts

220 months

Tuesday 22nd October
quotequote all
We sell IT products that are zero rated for duty, so only VAT to worry about. The UK subsidiary is just there to employ the small handful of employees we have here.

All business is transacted between head office in Germany and either business partners or direct customers here and invoiced accordingly, primarily because this is what we had before we had employees here, and still is in other EU countries without local employees. It seems it was extremely simple before Brexit!

The company is fastidious about making sure everything is totally legal and above board, so I'm sure it's all correct, but it's an absolute nightmare to try and understand and explain!

Pistom

5,577 posts

166 months

Tuesday 22nd October
quotequote all
This probably sounds more complex than it is.

It sounds to me as if the subsidiary that you are working for is separate to the organisation which is selling/invoicing the goods. So in that case, you're not an Importer of Record - your client is.

Kermit power

Original Poster:

29,472 posts

220 months

Wednesday 23rd October
quotequote all
Pistom said:
This probably sounds more complex than it is.

It sounds to me as if the subsidiary that you are working for is separate to the organisation which is selling/invoicing the goods. So in that case, you're not an Importer of Record - your client is.
Correct. We (so I'm told) can't be the Importer of record because we're not VAT registered.

What I've been trying to figure out is who gets invoiced what by whom, when and why. You'd think it would be simple to work out, wouldn't you?

The weirdest part at the moment is that we don't sell hardware components as a separate line item, but apparently VAT is charged at the moment of import on said HW components' manufacturing price, so anyone with one of our customs invoices can see what that manufacturing price is???

fooman

227 posts

71 months

Wednesday 23rd October
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It doesn't cost anything to VAT register, might be simplest route.

bennno

12,729 posts

276 months

Wednesday 23rd October
quotequote all
Kermit power said:
Correct. We (so I'm told) can't be the Importer of record because we're not VAT registered.

What I've been trying to figure out is who gets invoiced what by whom, when and why. You'd think it would be simple to work out, wouldn't you?

The weirdest part at the moment is that we don't sell hardware components as a separate line item, but apparently VAT is charged at the moment of import on said HW components' manufacturing price, so anyone with one of our customs invoices can see what that manufacturing price is???
Confused by this as you've already said its your european entity which is transacting and supplying the goods.

then you've mentioned multiple employees.

If the staff costs are higher than 90k presumably the business needs to register for PAYE and VAT?

Ean218

2,004 posts

257 months

Wednesday 23rd October
quotequote all
As stated above it is actually a lot simpler than it seems:

Check out this link for B2B digital services import VAT:

https://www.vatcalc.com/global/vat-on-cross-border...

The exporting non UK business does an invoice without VAT and no need to register either. The importing customer does a VAT reverse charge on their VAT return.

However if physical hardware is also involved it then becomes murkier.

Kermit power

Original Poster:

29,472 posts

220 months

Thursday 24th October
quotequote all
Ean218 said:
As stated above it is actually a lot simpler than it seems:

Check out this link for B2B digital services import VAT:

https://www.vatcalc.com/global/vat-on-cross-border...

The exporting non UK business does an invoice without VAT and no need to register either. The importing customer does a VAT reverse charge on their VAT return.

However if physical hardware is also involved it then becomes murkier.
Thanks for this!

We do indeed have physical hardware involved, but to make it even murkier, it's not actually sold but leased and wrapped into the overall subscription cost.