When your business receives shipments from overseas suppliers, depending on the contracted Incoterms, there is an Import VAT liability to consider and necessary procedures to guarantee that import VAT is claimed back. Import VAT is normally charged at the same rate as if they had been supplied in the UK. However, if your business imports works of art, antiques and collectors’ items, these will be entitled to a reduced rate of VAT.
It can be challenging for established businesses to determine whether their long-standing Import VAT processes and procedures are still current and compliant. If your business inadvertently fails to comply with UK Import VAT regulations, you may be required to make retroactive corrections, which could result in fines.
We can ensure Import VAT compliance so that your business can avoid VAT fines and penalties.
HM Revenue and Customs (HMRC) states that they must be notified of any goods that your business is intending to import into the country and they will ensure that any VAT and customs taxes have been paid appropriately by checking them at the border. If Import VAT has not been paid, the goods may be impounded.
HMRC states that Import VAT is VAT chargeable and paid on goods imported from outside the UK and is treated under VAT law as if it were a customs duty. It is calculated and paid based on the information provided in the import documentation. Penalties for inaccuracies in the amount of import VAT declared are charged under Part 3 of the Finance Act 2003. Part 3 of the Act gives HM Treasury the power to prescribe where a breach of a requirement imposed by or under certain specified tax legislation makes a person liable to a civil financial penalty, up to the maximum amount set out in Section 26 of the Act.
Subject to the usual rules, import VAT is recovered as input tax on VAT returns. If a taxpayer overclaims, or claims too early, an amount of import VAT as input tax on a VAT return, any penalties for that inaccuracy would fall under Finance Act 2003 Schedule 24.
Making a claim to recover Import VAT when your business doesn’t own the products is likely to be rejected by HMRC. Since the regulations are quite clear, the only person with the legal right to recover import VAT is the owner of the goods. There is an increased risk of HMRC investigations concerning the recovery of Import VAT.
At ICS Global Services, we can conduct a "health check" on your imports to assess your present procedures, pinpoint any adjustments that are required, and make recommendations for possible enhancements and VAT savings. The purpose of our health check is to evaluate your company's past and present Import VAT compliance to find and fix any issues that could reduce the likelihood that HMRC will issue fines.
We review several areas related to your importing and VAT activities, such as:
For all new clients, we offer a complimentary 30-minute consultation during which we will discuss your Import VAT, pinpoint areas for improvement, and help minimise the possible impact of any fines or penalties.
We assist businesses with international trade matters and ensure compliance with VAT regulations that apply to their imports.
Read our Tax Compliance Blogs to appreciate how we have identified areas where our clients could reduce costs, increase efficiency, and comply with HMRC.
If you believe your business might not be fully compliant with customs and tax laws, please contact us to arrange a review of your procedures.