Exports and Imports – post Brexit

VAT and Duty on exports and imports

With Brexit soon to become a reality, it is important that UK business understand the importance of exporting and importing goods. As matters stand, the UK will become a “third country” and as such will need to go through all the processes that apply to non-EU countries when goods cross borders to sales and purchases to/from existing EU countries. This mainly means customs duties applying to goods that have, to date, been duty free as the EU is a single market.

Whether importing or exporting, there are important VAT and duty rules and procedures. A business must ensure that it charges and pays the right amount of VAT and duty. The first step for moving goods into, or out of, the UK will be to obtain an EORI number. Details here.

Responsibilities for importers

• the importer is normally responsible for clearing the goods through UK customs and paying any taxes
• the supplier needs to provide the documentation an importer needs to clear the goods through customs (and to make payment to the supplier)
• now, if you are importing (even from EU countries) you are likely to have to pay import duty. This cannot be reclaimed from HMRC
• a business’ responsibilities depend on what it has agreed in the contract. To minimise the risk of disputes, your contract should use one of the internationally recognised Incoterms. These are explained here
• check what import duty applies – import duty is based on the type of goods you are importing, the country they originate from and their value
• HMRC’s Integrated Tariff sets out the classification of goods and the rates of duty in detail. Your Trade Association or your import agent may be able to assist with classification. You can find reputable freight forwarders through the British International Freight Association here 
• an importer may need proof of the origin of the goods to claim reduced import duty for goods from certain countries
• a valuation document is also normally required for imports above a set value
• complete an import declaration. This is normally done using the Single Administrative Document (SAD)
• pay VAT and duty to get the goods released
• the VAT applicable is the normal UK rate for the imported goods when sold in the UK
• regular importers can defer payment of VAT and duty by opening a deferment account with HMRC. A security payment will need to be provided and payments must be via Direct Debit
• From 1 January 2021 Postponed Accounting for import VAT to be introduced for all goods including those from the EU
• account for VAT on returns
• HMRC will send a C79 certificate showing the import VAT you have paid
• VAT on imports (supported by C79 evidence) may be claimed in the same way as reclaims of input tax incurred on purchases in the UK
• import duty cannot be reclaimed

Responsibilities for exporters

• • the exporter is normally responsible for clearing goods outwards through UK customs
  • the customer is normally responsible for overseas customs clearance and taxes (depending on the Incoterms). Further details on how other countries handle import duties and taxes are available from the Department for International Trade
  • the exporter will need to provide its customer with the documentation they need to clear goods into their country (and to pay you)
  • the exporter’s responsibilities depend on what it has agreed in the contract (see Incoterms above)
  • the exporter will need to provide its customer with the documents they need to import the goods into their country. These documents can also be part of the process of getting paid
  • as a minimum, the seller will need documents recording details of the:

• • exporter
  • customer
  • goods and their value
  • export destination
  • how the goods will be transported
  • route they will take
• keep copies of all documents giving details of all the sales which have been made.
• record the value of your exports on your VAT return
• consider any responsibility you have for overseas customs clearance and taxes. Normally, as an exporter, you will have agreed that your customer handles this. However, take specialist advice, or use an expert agent, if you are responsible – this will depend on Incoterms

Tips

• freight forwarders can handle customs clearance as well as transport
• exporting can be simpler if you choose to sell to a single agent or distributor in an overseas country. However, this may not suit your export strategy
• exports are usually zero-rated. However, exporters must keep proof that the goods have been physically exported along with normal commercial documentation
• the exporter must declare the export. This is usually done by completing a Single Administrative Document (SAD), also known as form C88

Excise duty

• check whether any goods being purchased are subject to excise duty
• excise duty is payable on; fuel, alcohol and tobacco products
• if goods are subject to excise duty, it is paid at the same time as payments for VAT and import duty are made
• VAT is charged on the value of the goods plus excise duty

Customs warehouses

If you expect to store imports for a long time it will be worth considering using a Customs warehouse.

• goods stored in a customs warehouse, will not be subject to import duty and VAT until they are removed from the warehouse
• storage ‘in bond’ is often used for products subject to excise duty, such as wine and cigarettes, although it is not limited to these goods

Relief for re-exported goods

• it may be possible to take advantage of Inward Processing Relief (IPR) rules so that no import duty and VAT is payable
• IPR can apply to imports that you process before re-exporting them

If you import or export regularly, find out about alternative procedures

• For example, businesses that import regularly and in large volumes can use processes such as Customs Freight Simplified Procedures.

Summary

If you are new to acquisitions, importing or exporting, it may be worthwhile talking to an expert. This article only scratches the surface of the subject. There can be significant savings made by accurately classifying goods, and applying the correct procedures and rates will avoid assessments and penalties being levied. Planning may also be available to defer when tax is paid on imports and acquisitions.