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Posted Thu, 05 Sep 2024 21:43:00 GMT by mnparkin1996
Hi - We are a UK VAT registered company and have purchased goods from a German VAT registered company. The goods were collected in Germany by a freight company on our behalf and exported to the UK, where we covered all transportation and duty costs. Could you advise if it is correct for the transaction to contain domestic German VAT at 19%? Does this depend on who is the exporter from Germany into the UK to determine the place of supply? Thanks
Posted Wed, 11 Sep 2024 08:37:23 GMT by Jay Cooke
Sounds like an indirect export, see this Notice, VAT on goods exported from the UK (VAT Notice 703) section 2.9 and 3.4 
If the German seller was responsible for shipping the goods to UK, they can zero rate it as a direct export because for the zero rate to be valid the supplier must have proof of export (shipping paperwork from the freight agent).
Where the customer arranges the shipping, this is an indirect export because the supplier does not have any proof of export, for all they know, you could have arranged for DPD to pick up the goods from the German factory and transport them to a customer in Germany and as you are paying for the shipping, the German supplier does not have any proof or paperwork as all of that goes to you.
So because German supplier has no proof of export, they can't zero rate, hence the 19% VAT charge (which you cannot reclaim on a UK VAT return).
Go back to the German supplier and explain this was an indirect export and present them your shipping documents and proof that the goods did indeed end up in the UK, with copies of this paperwork, the German supplier should then be able to satisfy the zero rating conditions and issue a credit note for the 19% VAT.
If doing future transactions like this (arranging your own shipping), it would be good to chat this through with the seller so that everyone is aligned and you get charged foreign VAT upfront and then have it refunded once proof of export is presented.
Posted Thu, 12 Sep 2024 13:41:04 GMT by HMRC Admin 13 Response
Hi,
You may need to contact the German trader about this.
If the supply took place in reverse and you sold goods to a German company and the German company arranged the freight then you would be able to treat the sale as a Zero rated indirect export as long as you received evidence of the removal of the goods.
Please see the guidance below for the UK rules for exports: VAT on goods exported from the UK (VAT Notice 703) Section 3.
Thank you

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