Check if you’re an overseas seller or established in the UK for VAT purposes
You’re an overseas seller if you do not have a UK establishment.
Check if UK business establishment exists
A UK business establishment exists if either of the following conditions are met:
a). A business establishment is in the UK and is the place where:
essential management decisions are made
the business’s central administration is carried out
b). A business has a fixed establishment in the UK. This is a permanent physical presence with the human and technical resources to make or receive taxable sales.
Consider if you’re genuinely established in the UK
The business establishment is the place where the business is run from. This is usually the head office or headquarters.
The business must have a real presence in the UK for a fixed establishment to exist. It must be genuinely operating from the UK.
Any of the following criteria are unlikely to be sufficient by themselves to demonstrate UK establishment. For example, if a business:
keep records of the goods sold, and make sure you get accurate information to apply the correct VAT treatment to them
Goods valued at £135 or less sold to UK VAT registered businesses
You will not need to charge and account for VAT if the customer is a VAT registered business. The VAT registered business customer will be required to account for any VAT due instead.
Add a note to the invoice (for example, by writing ‘reverse charge: customer to account for VAT to HMRC’).
Send it to the business customer.
You do not have to register for VAT if you only sell goods that are outside the UK at the point of sale to UK VAT registered businesses. The UK VAT registered business will be responsible for accounting for the VAT.
VAT registered businesses receiving goods valued at £135 or less bought direct from an overseas seller
If the goods are sold to a business customer in Great Britain (England, Scotland and Wales), the business receiving goods should account for the VAT on their VAT return using a ‘reverse charge’ procedure.
If the goods are sold to a business customer in Northern Ireland from outside the EU, the business receiving goods may account for the VAT using postponed VAT accounting or any other means of paying import VAT.
Wherever the goods are sold to, the business customer will be able to recover the VAT as input tax on the same VAT Return subject to the normal recovery rules.
If you are an overseas seller and you sell goods of any value that are located in the UK at the point of sale you must:
register for VAT
charge VAT
account for VAT
Zero-rated and exempt sales
Zero-rated goods include:
most food
children’s clothes
If you are an overseas seller and all your sales are zero-rated you should register by post using a VAT1 form and apply for exemption from registration.
If all your sales are exempt, you do not have to be registered and will not be able to register for VAT.
If you choose to use an agent, you must not give them access to your online account.
When you register for UK VAT, you’ll be registered at the address of your principal place of business. This is where official correspondence will be sent.
The principal place of business is where orders are received, managed and the day to day running of the business takes place. This should not be a mail forwarding or registered office address.
Using an agent
You can only have one person at a time as your agent (although an agent can act for more than one person or business).
If you choose to use an agent:
you’ll need to give your agent enough information to allow them to keep your VAT account, make your returns and pay VAT on your behalf