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Determination of Establishment for UK VAT purposes
Does anyone know how to solve this?
We are a UK established company with a proper incorporation certificate , VAT number and proper rented office.On 25th Jun Amz said something made them think I was not UK based. I am a UK Limited business, registered to pay VAT, and am Brand Registered.I had to send proof that I am based in UK (or Amz will pay backdated VAT to 2021, and have been withholding my deferments to cover that cost).I have sent over 20 supporting documents.I've had to 'change' my Business Information in Account Info Settings - nothing needed changing. They 'verified' my account and sent an email that I could 'start selling'. Almost immediately I had another identical email requesting me to reconfirm the (already just verified) Business information. I did that straight away, and 7 days later, it still isn't confirmed.I've contacted the 'Amazon VAT based in the UK' team and ccd the 'Amazon VAT not based in the UK' team - by email as there's no other way to get in touch...Seller Central can't/won't do anything.Any ideas of what can be done to get paid and not have to double-pay VAT?
HOW AMAZON CAN SAY WE ARE NOT ESTABLISHED IN UK FOR TAX PURPOSES WHEN HMRC DOES?
Thanks for any help.
15 replies
Seller_MT8rt0A2OpbCx
Both directors of your company are residents of India, as shown on Companies House, so NETPs. 12 other active companies at the same address, so clearly a virtual office. The evidence is there. If I can see it so easily, Amazon can certainly see it, although they are clearly not handling this situation very well at all.
Seller_76AUwmqvSyRIM
From HMRC:
“A UK establishment exists if either the:
- place where essential management decisions are made and the business’s central administration is carried out is in the UK
- business has a permanent physical presence with the human and technical resources to make or receive taxable supplies in the UK
We would normally consider a company which is incorporated in the UK to have an establishment in the UK as long as it’s able to receive business supplies at its registered office.”
Seller_6eGr2cYMV8mCx
IN OUR CASE, AMAZON HAS EVEN REFUSED TO ACCEPT THE LETTER FROM HMRC ISBC AS EVIDENCE OF OUR UK ESTABLISHMENT STATUS
We are in a similar position. We have even got a letter from the HMRC Individual and Small Business Compliance (ISBC) department (isbcvatestablishment @ hmrc.gov.uk) confirming that we are established in the UK for VAT purposes - and despite this letter from HMRC, Amazon is refusing to confirm our UK establishment status. Amazon are acting illegally and unlawfully now.
Seller_3ZuZCagsWZ0G7
We have even submitted the PAYE registration but still not accepting.
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