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Verify Establishment for Value Added Tax (VAT) - HUGE Delay

by Seller_QuxoryRYBbGoN

Urgent help is needed ASAP - Amazon is wrongly considering us UK established for VAT when we have ZERO UK Activity.

For over 4 weeks now, we have been trying to prove to Amazon the obvious: that we are a European company selling ONLY to our VAT-registered EU countries on Amazon.de and we have received again the following:

Hello,

Thank you for your submission. We reviewed the information provided, but we need additional documentation to determine whether you are established in the UK for Value Added Tax (VAT) purposes.

Why did this happen?

We must collect and remit VAT from non-UK established selling partners for the sales of goods delivered to customers in the UK. Based on a review of your account, we determined that you may not be UK established for VAT purposes. We leveraged a combination of automated means and expert human review to identify this issue and make this decision. We took this action in accordance with the Amazon Business Solution Agreement:

https://sellercentral-europe.amazon.com/help/hub/reference/external/G201190440

and APUK Agreement:

https://sellercentral-europe.amazon.com/help/hub/reference/G201190400

What actions do I have to take?

To avoid further impact to your disbursements, go to the Account Health page in your Seller Central account and follow the instructions from the banner that is present at the top of the page to submit the following mentioned documentation:

https://sellercentral-europe.amazon.com/performance/dashboard?ref=DR_kyc_ahd-cus

If you operate a Limited Company :

-- Evidence that you are physically operating your business from your provided address.

-- Evidence that you are operating your business from your provided address.

-- Documents confirming the identity and place of residence of every director listed in the extract.

-- Documents confirming the place of residence of every director listed in the extract.

If you do not meet the UK establishment criteria: Verify that you are not established in the UK.

In this case, you will not need to provide documentation, but you will need to pay Amazon to account for the un-paid VAT.

We have sent ALL the documents three times for our European company, which was already approved by Amazon on July 2023!!

Why is this happening and why all our funds are still on hold? This is completely unprofessional and opens Amazon's serious legal liabilities, including disruption of business.

Can a human from Amazon support finally review?

Thank you!

Tags: Verification
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Seller_k2X0L9mVRT0pW
In reply to: Seller_QuxoryRYBbGoN’s post

you are on the UK forum here- where have you registered your home market as? UK?

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Seller_MT8rt0A2OpbCx
In reply to: Seller_QuxoryRYBbGoN’s post

Duplicate of your other post

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Seller_QuxoryRYBbGoN
In reply to: Seller_QuxoryRYBbGoN’s post

We have contacted the Amazon Health Account "Specialists" again. They keep telling us daily that our submitted information is being reviewed. This is ongoing for several weeks now.

We require someone from the Amazon Leadership Team to act upon our unlawful restriction on our funds.

BECAUSE

Based on the "EU VAT on e-Commerce (EU VOEC) Legislation – 2021" as it is stated on your webside page: https://sellercentral-europe.amazon.com/gc/vat-education/voec-establishment

{...From July 1, 2021, Amazon is responsible for collecting VAT on the following sales of goods delivered to customers in the EU where ordered through any Amazon storefront:

Goods delivered from inventory stored outside the EU with a shipment value of up to EUR 150; and

Goods delivered from inventory stored in the EU, irrespective of value, where you, the selling partner (sole trader or company/partnership), are not established in the EU for VAT...}

In our case, our company is based in Europe, in the Republic of Cyprus, as approved by Amazon on July 2023.

Our company sells ONLY via Amazon.de to Germany and Austria.

Therefore, the above-stated Legislation does NOT apply to us.

Amazon is actively undermining our business interests and infringing upon our EU company's rights to conduct commerce within the European Union by failing to accurately interpret and apply the EU VAT on e-Commerce (EU VOEC) Legislation of 2021.

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Sarah_Amzn
In reply to: Seller_QuxoryRYBbGoN’s post

Hello @Seller_QuxoryRYBbGoN,

I'm Sarah with Amazon.

While I cannot directly assist or provide advice on VAT issues, I can follow up with the partner team handling your case.

I will circle back with you as soon as I receive an update from the team.

Kind regards,

Sarah.

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Seller_QuxoryRYBbGoN
In reply to: Sarah_Amzn’s post

Thank you for your response @Sarah_Amzn, we appreciate it.

We do not need advice. We are already paying enough our TAX and VAT advisors. We have even sent to your following departments their signed declaration about our EU-VAT establishment and all the proof Amazon requested for our EU company:

kyc-drtax-verification@amazon.co.uk

drtax-nonestablished@amazon.co.uk

mdri-exec-escalations@amazon.co.uk

And we have a proven case here that Amazon's actions towards our seller proceeds are in direct violation of the EU VOEC legislation because:

(i) We are NOT a UK company, and they CANNOT hold us liable for unpaid VAT. We are responsible for remitting the EU-VAT based on our sales.

(ii) Our approved Amazon company is in Europe, and we only sell on Amazon.de to B2B and B2C customers in Germany and Austria.

On top of that, today we received a performance notification from kyc-drtax-verification@amazon.co.uk to verify our EU-VAT establishment again, which is not only absurd but also idiotic. Honestly, we have run several businesses in various jurisdictions over the past 10 years, and this is the first time a business partner has treated us like this.

@Sarah_Amzn would you be kind enough to ask for someone serious enough to finally review our account, see that we are an EU-based company and EU-established for VAT purposes of our EU sales, and finally, once and for all, resolve this restriction in our rightful funds?

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Seller_QuxoryRYBbGoN
In reply to: Seller_QuxoryRYBbGoN’s post

Dear @Sarah_Amzn,

Two days ago, we received the below absurd performance notification, which makes no sense at all:

Thank you for your submission. We reviewed the information provided, but we need additional documentation to determine whether you are established in the EU for Value Added Tax (VAT) purposes.

Why did this happen?

We must collect and remit VAT from non-EU established selling partners for the sales of goods delivered to customers in the EU. Based on a review of your account, we determined that you may not be EU established for VAT purposes. We leveraged a combination of automated means and expert human review to identify this issue and make this decision. We took this action in accordance with the Amazon Business Solution Agreement:

https://sellercentral-europe.amazon.com/help/hub/reference/external/G201190440

and Amazon Payments Agreement: https://sellercentral-europe.amazon.com/help/hub/reference/G201190400

How on earth is your team seeing us potentially as UK-established when Amazon has approved our company as European, with EU VAT numbers and only EU sales on Amazon.de?

For over four weeks now, we have provided all the company documentation they have asked for, even with English-certified translations for their KYC demands, showing the obvious: our EU company has no presence in the UK, no UK sales, no UK inventory, no UK FBA activity.

Amazon, for over 4 weeks now, has been holding our seller proceeds, destroying our family business and our reputation with our partners and suppliers, and putting us in the worst position ever. This travesty cannot continue. We may make only 6 figures in sales per month, but I am very sure you do not treat the same other sellers with millions in sales per month.

@Sarah_Amzn @Jessica_Amazon_ @Julia_Amazon @Seller_VJ4XoAkjDpjPH @Winston_Amazon can you please contact the relevant UK teams to finally resolve this wrongly ongoing situation once and for all?

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Seller_QuxoryRYBbGoN
In reply to: Seller_QuxoryRYBbGoN’s post

Dear @Sarah_Amzn,

Yesterday we received another reply in CASE ID: 9844266592, to send again all our company's documents to the Spanish email address: kyc-drtax-verification@amazon.es

Which we did yesterday as well. Today, we received a performance notification stating that it would take up to 15 business days. We are already over 5 weeks that Amazon is trying to evaluate the obvious: : that we are talking here about the EU establishment, and NOT about the UK!

Our EU company has NEVER had any selling activities in the UK, has no inventory in the UK, and has never used Amazon FBA in the UK, which Amazon can easily verify in our seller account.

AND, finally, we have a written confirmation from Amazon on Case ID: 8743895752 on 19/05/2023 stating the following:

"I would like to inform you that if you change your legal entity to an address in Cyprus on Seller Central and that legal entity is verified and your listings are stored in the EU and you send your listing to a EU country, Amazon will not collect and remit VAT"

Can you please contact the relevant Amazon team to finally get to the bottom of this as you are literally killing our business because of Amazon's incapability to understand the EU/UK eCommerce Legislation for VAT establishment?

Let us hear from you soon!

Thank you very much

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Seller_QuxoryRYBbGoN
In reply to: Seller_QuxoryRYBbGoN’s post

@Sakura_Amazon_ @Jessica_Amazon_ @Julia_Amazon @Seller_VJ4XoAkjDpjPH @Winston_Amazon we have formally notified Amazon (Case ID: 9924230792) of our complaint, which was sent to carlo.gibbs [at] businessandtrade.gov.uk, regarding Amazon's unlawful action towards our disbursements by violating the eCommerce Legislation of our EU-VAT establishment.

What actions can you do from your end please, based on the above information we have provided about our EU-VAT establishment for sales we do in the EU?

Thank you!

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Seller_QuxoryRYBbGoN
In reply to: Seller_QuxoryRYBbGoN’s post

Today's Important Update:

We have received earlier today two different Performance Notifications:

A) Final tax liability assessment for unpaid UK VAT:

We previously communicated that we started collecting VAT on your sales for goods delivered to customers in the UK starting 21 Jun 24, because you are not established in the UK for VAT purposes. We completed our final assessment, and determined the final VAT liability you owe is GBP 93.018. Your final VAT liability may differ from the preliminary liability provided to you earlier, as we have finalized all your transactions which are eligible under this legislation.

B) Final tax liability assessment for unpaid EU VAT

We previously communicated that we started collecting VAT on your sales for goods delivered to customers in the EU starting 21 Jun 24, because you are not established in the EU for VAT purposes. We completed our final assessment, and determined the final VAT liability you owe is EUR 67629.75. Your final VAT liability may differ from the preliminary liability provided to you earlier, as we have finalized all your transactions which are eligible under this legislation.

We have sent a formal letter and evidence to kyc-drtax-verification@amazon.co.uk:

We are writing to address the VAT implications that Amazon has claimed, which have led to the freezing of our funds and the disruption of our operations.

Transfer of Amazon Store from UK Company to EU Company:

The Amazon store was operated by a UK company from 2021 when the EU establishment for VAT was imposed until July 11, 2023. From this date onwards, the store has been managed by S** E** C** Ltd, a Cyprus registered EU company.

Letters Received:

We have received two letters from Amazon containing contradicting and inaccurate information:

1. Letter 1 (Attached): This letter claims that our company has a VAT liability of GBP 93,018, citing that a non-UK established selling partner has sold goods delivered to customers in the UK. This information is incorrect, as the company has not sold to UK customers since the transfer of the store to S** E** C** Ltd,. Previously, the UK company declared and paid all VAT to the UK authorities. Since the transfer, we have not conducted any sales to UK customers, making the claimed liability baseless.

2. Letter 2 (Attached): This letter claims that our company has a VAT liability of EUR 67,629.75, stating that a non-EU company has sold goods delivered within the EU. This is also incorrect. S** E** C** Ltd, is an EU-established company, as Cyprus has been a member of the EU since May 1, 2004. We attach correspondence with Amazon support, which clearly states that following the transfer of the store to an EU company ( S** E** C** Ltd), no VAT will be withheld by Amazon, and the VAT liability should be paid directly to the authorities of each country where the company operates.

VAT Compliance:

All VAT liabilities have been paid to the Austrian and German VAT authorities, where the company is VAT registered and sells goods. Attached are the submitted VAT returns for each country.

Clarification Required:

The two letters describe contradictory cases. In the first letter, you acknowledge that the company is non-UK registered, but incorrectly claim that we have sales to UK customers. In the second letter, you incorrectly assert that the company is non-EU registered, leading to the claimed liability. We request clarification on where you consider our company to be registered, as your claims deny our

EU registration status and EU tax residency. Attached are the tax residency certificate and certificate of incorporation, proving that S** E** C** Ltd (the operator of the Amazon shop) is a Cyprus tax resident company and was incorporated in Cyprus.

Proof of EU Membership:

Please also find attached an extract from the official EU website confirming that Cyprus is part of the EU. This information is public knowledge and should not have been challenged. For verification, please refer to the link: Cyprus – EU country profile | European Union.

We request that you review the attached documents and provide clarification on this matter to resolve the freezing of our funds and restore our operations.

In case this matter is not resolved, and our company continues to suffer loss due to your company’s and/or your company’s legal representatives’ actions, we reserve all of our legal rights to proceed with all the necessary legal actions against your company and/or your company’s legal representatives to claim and receive legal damages.

This travesty cannot continue. @Sakura_Amazon_ @Jessica_Amazon_ @Julia_Amazon @Seller_VJ4XoAkjDpjPH @Winston_Amazon, can you please escalate this to a responsible human being in Amazon to stop this unlawful mistreatment of our company finally?

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