In a recent report published by the House of Commons Committee of Public Accounts, HMRC’s estimate of VAT lost in cases of online fraud and error is “out of date and flawed”. The report also recommends that HMRC get tougher with fraudsters and that it should work closer with online marketplaces. Additionally, it also states that HMRC should carry out an assessment of the fulfilment house industry.

This failure by HMRC means that honest businesses suffer as a result of fraudulent and ignorant set ups who can sell goods VAT free. These are usually overseas entities which have no intention of; registering for VAT, charging VAT in addition to the price of goods, and paying over this VAT to the authorities. Let us hope that HMRC do indeed use the significant powers it has in dealing with this type of unwanted activity.

Due Diligence Scheme

Note: There is a HMRC fulfilment house Due Diligence Scheme for overseas sellers being introduced in 2018. In the 2016 budget the Chancellor of the Exchequer announced that HMRC would be given more powers to deal with overseas sellers selling into the UK via marketplaces such as eBay and Amazon who do not pay UK VAT.

As HMRC states in VAT Notes 2017 Issue 1 published 10 May 2017  “More and more UK retail businesses have a presence online and are having to compete with thousands of overseas online sellers, some of which are evading VAT. This abuse has grown significantly and now costs the UK taxpayer £1 billion to £1.5 billion a year. HMRC is taking action to protect the thousands of UK businesses from this unfair competition.”

Assistance

If any overseas businesses who sell into the UK and would like advice on the UK VAT requirements – please contact us. We have experience of dealing with the authorities, including negotiation with HMRC on the retrospective VAT position and mitigation of the impact of any penalties and interest.