Tag Archives: brexit-customs-duty

Customs Declaration Service (CDS) – Update

By   23 October 2018

As many will be aware, CDS will fully replace the Customs Handling of Import and Export Freight (CHIEF) system later this year/early next year, full details here.This will affect any business which imports or exports goods from or to countries outside the EU (and possibly will affect businesses which trade with the EU in the event of a No Deal Brexit).

HMRC have provided more information on the implementation of CDS.

They say that the number of businesses making declarations via CDS will grow over coming months. If you have not been contacted by HMRC then your business is not part of this first group. The time your business begins using CDS will depend on its(or its agent’s) software developer or Community System Provider. HMRC expect remaining importers will start to move to CDS early in the New Year. Exporters will migrate to CDS when export functionality becomes available in March 2019. This means that CDS and CHIEF will run in parallel for a short period of time. Import declarations will be made in CDS whilst export declarations will continue to be made in CHIEF.

Not an ideal situation, but it does seem prudent to phase CDS in in this way.

Checklist

  • Visit Customs Declaration Service to understand how the changes affect your business and what you will need to do to prepare for the introduction of CDS and when. This includes making sure you have a Government Gateway account and an EORI number.
  • A new Trade Tariff will be used for declarations on CDS to comply with the Union Customs Code (UCC) so it is important you take the time to understand how the information you provide as part of your declarations will change. The imports tariff can be found on the link above. The exports Tariff will be available later in the year.
  • If you use a software provider or agent, you may also want to check they are aware and are preparing for the new CDS.
  • If you use a C88 form or the National Export System to make declarations, please visit the web page above where you can find more information.

If you have any queries we will be pleased to help.

VAT and Customs Duty – Impact of No-Deal Brexit

By   4 October 2018

HMRC has published guidance on the likely implications of a No-Deal Brexit. The guidance states that it is “unlikely” that the UK will leave the EU without a deal, however, in the recent political climate, observers comment that a No-Deal scenario is increasingly likely (to put it conservatively). Consequently, business must be in a position to deal with a No-Deal from 29 March 2019. The guidance may be summarised as follows:

Current position

  • VAT is payable by businesses when they bring goods into the UK. There are different rules depending on whether the goods are acquisitions (EU) or imports (non-EU)
  • no requirement to pay VAT when goods from the EU arrive in the UK. A business acquiring goods from the EU accounts for VAT on the goods in its next VAT return, offsetting input tax against output tax (acquisition tax, a simple “reverse charge” bookkeeping exercise)
  • no Customs Duty on goods moving between EU Member States
  • goods that are exported by UK businesses to non-EU countries and EU businesses are UK VAT free
  • goods that are supplied by UK businesses to EU consumers have either UK or EU VAT charged, subject to distance selling thresholds
  • for services the place of supply (POS) rules determine the country in which a business needs to charge VAT

From 29 March 2019 with a No-Deal Brexit

  • the UK will continue to have a VAT system
  • the government will attempt to keep VAT procedures as close as possible to the current systems
  • acquisitions from the EU will become imports
  • imported goods from the EU (or elsewhere) will be subject to VAT deferment
  • Customs and Excise Duty formalities will now be required for EU imports
  • UK businesses supplying digital services are likely to be required to register for the one stop shop (MOSS) in a country within the EU
  • the rate of input recovery for providers of financial services (FS) and insurance may be improved
  • Low Value Consignment Relief (LVCR) is likely to be abolished for goods entering the UK as parcels, whether from within or outside the EU.
  • no requirement to comply with existing Distance Selling rules (exports of goods to individuals will be UK VAT free)
  • EC Sales Lists will not be required
  • Businesses need to take steps to examine their import and export procedures (!)

I have paraphrased some of the guidance for clarity and technical accuracy and the above points are not direct quotes. 

Commentary

The apparent good news is that UK businesses importing goods from the EU will not have to pay VAT on the date that the goods enter the UK, but rather, will be able to account for the VAT later via a deferment system, presumably similar to the one in place for current non-EU imports. Helpful for cashflow, but an unwanted additional complexity, especially for small businesses. A concern is that HMRC cannot deal with the documentation requirements even before Brexit see here

A big negative for UK business is the fact that customs declarations and the payment of any other duties will now be required for imports from the EU – in the same way as currently applies when importing goods from outside the EU. Consequently, for goods entering the UK from the EU

  • an import declaration will be required
  • customs checks may be carried out
  • customs duties must be paid.

This is an additional complication and a cost to a business which is currently able to bring goods into the UK from the EU without any of these declarations, payments or inspections. This is likely to lead to additional delays at the border and will certainly increase administration and costs. Whether this will encourage UK businesses to purchase more goods from UK suppliers remains to be seen. It is worth mentioning that HMRC has also said that UK  importers need to take steps apply for an Economic Operator Registration and Identification Number (EORI) for businesses which do not already have one. Details here

Brexit may provide a ray of sunshine for FS and insurance suppliers (well for VAT anyway, the commercial impact may be somewhat different). In the event of a No-Deal Brexit, for UK FS and insurance providers, input VAT deduction rules in respect of services to the EU may be changed. Although no details are provided, it appears to me that input tax attributable to these supplies will be treated similarly to those currently provided to recipients outside the EU. Which will broadly mean that those supplies which would be exempt if provided in the UK would provide full input tax recovery if the recipient belongs anywhere outside the UK. This will be very good news for The City.

LVCR currently relieves goods worth under £15 which come into the UK from outside the EU from UK VAT. Its abolition means that all goods entering the UK as parcels sent by overseas businesses will be liable for VAT (unless they are zero-rated from VAT) if the value is under £15. An unwelcome and apparently unnecessary change.

Generally

It is prudent for businesses to consider how their imported goods will be classified and how they will submit import declarations in the result of a No-Deal Brexit. HMRC suggests that importers may want to consider looking at suitable commercial software and, or, engaging a commercial customs broker, freight forwarder or logistics provider. We advise contacting the relevant providers sooner, rather than later, to establish what you, or your client’s business may require. Of course, all of the above will increase the potential of a business receiving penalties and interest if it gets it wrong.

If you would like to discuss any of the above, please contact me, or a member of my team. Readers that know me, may admire my restraint in commenting, politically, on Brexit…

As I often find myself saying recently – good luck everybody.

Changes to the import of goods

By   10 August 2018

If a business imports goods from countries outside the EU, there are changes being made by HMRC which it needs to beware of. If a business currently uses the UK Trade Tariff to make Customs declarations it will be affected by these changes.

The changes are set out here for imports. We understand that the changes for exports will be made available later in the year.

If a business’ agent or courier completes its declarations on its behalf, it may be prudent for a business to contact them discuss the impact of the changes.

Background

An overview of the changes may be found here

And a general guide to importing here

Why is the Tariff changing?

HMRC is phasing in the new Customs declaration Service (CDS) here from August to replace the current Customs Handling of Import and Export Freight (CHIEF) system. As well as being a modern, digital declaration service, CDS will accommodate new legislative requirements under the Union Customs Code UCC here In order to comply with the UCC, a business will need to provide extra information for its declarations which can be found in the tariff.

When will a business be required to use the new Tariff?

The majority of importers will start using CDS after November 2‌018, once their software provider or in-house software team has developed a CDS compatible software package. Some importers will start making declarations on CDS before this, but there is no action for a business to take unless it has been contacted by HMRC to be part of this group.

Brexit

As is very common with Brexit, it is unknown how the UK leaving the EU will affect this position. With a No-Deal Brexit seeming likely, the above rules are likely to apply to goods brought into the UK from other EU Member States after next March.

Please contact us should you have any queries.

VAT: HMRC announce changes to import and export procedures

By   21 February 2018

People get ready.

HMRC have announced that long overdue changes have been made to the Customs Handling of Import and Export Freight (CHIEF) system.

It has been developing a new system for processing customs declarations for imports and exports. The current system; CHIEF will be replaced by the Customs Declaration Service (CDS).  A phased launch of CDS will begin from August 2018.

Why CDS is replacing CHIEF

CHIEF is one of the world’s largest and most sophisticated electronic services for managing customs declaration processes, but it’s nearly 25 years old and can’t be easily adapted to new requirements.

The decision to replace CHIEF with CDS was made before the EU referendum however CDS will be scaled to handle any potential increases in the volume of declarations that may result from the UK’s exit from the EU.

How this will affect importers and exporters

If a business imports goods into, or exports goods to outside the EU, it (or its agent) will be currently using CHIEF to:

  • process declarations for goods entering and leaving the UK or EU through ports and airports
  • calculate and pay the correct duty and taxes
  • complete customs information electronically.

You will still be able to do these things on CDS, but there will be differences:

  • CDS will be accessed on G‌OV‌.U‌K through a Government Gateway account
  • CDS will offer several new and existing services in one place – for example, it will be possible to: view previous import and export data on pre-defined reports, check the tariff, apply for new authorisations and simplifications, and check a business’ duty deferment statement
  • online help will include self-service tools, guides and checklists
  • some additional information will be required for declarations in order to align with the World Customs Organisation Kyoto Convention, currently being implemented in the UK through the Union Customs Code (UCC).

When will a business need to start using CDS?

CDS will be phased in between August and early 2019, with CHIEF continuing to run during this time to aid the transition. A business or its agent will be informed by its software provider when it needs to provide the additional information in order to start making declarations on CDS.

HMRC has stated that it will keep businesses updated as the system develops. There will also be regular updates about CDS on GOV.UK.

Please contact us if you have any queries on this change.