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Hot!UK Customs Charges For RMA £182.69

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rickychanny
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reason given why i paid VAT 2021/09/14 05:25:48 (permalink)
hello mate,
 
below is the reply I received from Parcelforce customs on why I had to pay VAT on my RMA item.
 
Hi Alan.
 
We looked into this and it seems that warranty replacements get charged VAT but not duty.
 
https://www.gov.uk/hmrc-internal-manuals/customs-special-procedures/spe14030
 
Goods under warranty
If the goods are replaced under warranty, no duty is due but VAT is chargeable on the full VAT value of the replacements (VAT General Regulations 1995, Regulation 126 refers). This is an important point to bear in mind, as private importers will not be in a position to reclaim import VAT as input tax, but may be able to recover the import VAT paid, under the EC 6th VAT Directive.
If a charge is made for the repair or replacement, duty and VAT on the repair costs is due as described in the previous paragraph. Replacement goods imported under this facility are subject to the ‘equivalent quality’ criteria described.
https://www.gov.uk/guidance/using-outward-processing-to-process-or-repair-your-goods
Note - Northern Ireland (NI) Customs Authorisations will continue to fall within the provisions of the Union Customs Code (UCC), as retained by the European Union (Withdrawal) Act 2018 and CEMA 1979
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Re: reason given why i paid VAT 2021/09/14 05:27:22 (permalink)
rickychanny
hello mate,
 
below is the reply I received from Parcelforce customs on why I had to pay VAT on my RMA item.
 
Hi Alan. We looked into this and it seems that warranty replacements get charged VAT but not duty. https://www.gov.uk/hmrc-internal-manuals/customs-special-procedures/spe14030 
Goods under warranty
If the goods are replaced under warranty, no duty is due but VAT is chargeable on the full VAT value of the replacements (VAT General Regulations 1995, Regulation 126 refers). This is an important point to bear in mind, as private importers will not be in a position to reclaim import VAT as input tax, but may be able to recover the import VAT paid, under the EC 6th VAT Directive.
If a charge is made for the repair or replacement, duty and VAT on the repair costs is due as described in the previous paragraph. Replacement goods imported under this facility are subject to the ‘equivalent quality’ criteria described.
https://www.gov.uk/guidance/using-outward-processing-to-process-or-repair-your-goods
Note - Northern Ireland (NI) Customs Authorisations will continue to fall within the provisions of the Union Customs Code (UCC), as retained by the European Union (Withdrawal) Act 2018 and CEMA 1979




No point in dealing with Parcelfarce, what you can see said by the UK Border Force on the prior page is all you should be paying attention to. VAT should not be getting charged on a warranty replacement, VAT has already been paid on it at point of purchase, the proof is seen with that letter on the prior page and a poster being refunded.
#32
rickychanny
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Re: UK Customs Charges For RMA £182.69 2021/09/14 14:58:21 (permalink)
hello sorry no it's not that the Pro-forma is fine, what I meant is. yes the Pro-forma form stops you from being charged taxes but I was charged VAT on my RMA which is disgusting, I paid £289.44 according to the customs rep who I spoke to via email I asked him why and he sent me the below reason for this. and so now I was left out of pocket if anyone can help me to claim this back please get in contact?
 
Goods under warranty
If the goods are replaced under warranty, no duty is due but VAT is chargeable on the full VAT value of the replacements (VAT General Regulations 1995, Regulation 126 refers). This is an important point to bear in mind, as private importers will not be in a position to reclaim import VAT as input tax, but may be able to recover the import VAT paid, under the EC 6th VAT Directive.
If a charge is made for the repair or replacement, duty and VAT on the repair costs is due as described in the previous paragraph. Replacement goods imported under this facility are subject to the ‘equivalent quality’ criteria described.
https://www.gov.uk/guidance/using-outward-processing-to-process-or-repair-your-goods
Note - Northern Ireland (NI) Customs Authorisations will continue to fall within the provisions of the Union Customs Code (UCC), as retained by the European Union (Withdrawal) Act 2018 and CEMA 1979


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#33
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Re: UK Customs Charges For RMA £182.69 2021/09/20 05:14:40 (permalink)
Simon, you were about 4 weeks for a response, weren't you?

I'm still waiting but I read 4-8 weeks is normal for HRMC/Border force.
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anx10us
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Re: UK Customs Charges For RMA £182.69 2021/09/30 01:36:57 (permalink)
Hi
 
I'm hoping someone can help, I had a nightmare last year trying to get an RMA replacement, I ended up sending my card to Germany, to have it refused and sent back to me, along with customs and delivery charges, so achieved nothing and was out of pocket eventually £100 ..
 
It looks like there is some success now in getting an RMA via Germany and then eventually claiming back any charges ?
 
Can someone help me understand the process to ship the product after an RMA has been agreed ?
  • Who do you use to ship to Germany ?
  • Do you declare the broken value (zero) or the full retail value ?
  • Are there specific ways of getting the parcel labelled as a RMA Warranty Return ?
  • Did you pay fees upfront ? or are the only the fees payable when you get incorrectly charged for customs fees back in the UK ?
I'd appreciate any help, currently have a RTX2060 paperweight ..
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rickychanny
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Re: UK Customs Charges For RMA £182.69 2022/05/09 22:06:10 (permalink)
hello evga community, 
i just want to add this to help people who need to send there cards from the UK, to EVGA for replacement, under RMA. sorry this is a bit late, i have been in and out of hospital, i have CKD, so last year 2021, i was charged VAT on a card returning through customs, to the tune of £289.89. the customs rep i dealt with, gave me the the reason below for me being charged VAT.


Goods under warranty
If the goods are replaced under warranty, no duty is due but VAT is chargeable on the full VAT value of the replacements (VAT General Regulations 1995, Regulation 126 refers). This is an important point to bear in mind, as private importers will not be in a position to reclaim import VAT as input tax, but may be able to recover the import VAT paid, under the EC 6th VAT Directive.
If a charge is made for the repair or replacement, duty and VAT on the repair costs is due as described in the previous paragraph. Replacement goods imported under this facility are subject to the ‘equivalent quality’ criteria described.
 
the only problem, is the horrible little jobsworth at customs, really should of read what that meant before he charged me VAT  for that reason!
 
you see i read all of the VAT law, and found out what the above statement sent to me actually means....
 
(VAT General Regulations 1995, Regulation 126 refers)-actual meaning below
126(1)  Subject to such conditions as the Commissioners may impose, VAT chargeable on the importation of goods which have been temporarily exported and are re-imported after having undergone repair, process or adaptation outside Great Britain, or after having been made up or reworked outside Great Britain, shall be payable as if such treatment or process had been carried out in Great Britain, if the Commissioners are satisfied that–
(a)at the time of exportation the goods were intended to be re-imported after completion of the treatment or process outside Great Britain, and

(b)the ownership in the goods was not transferred to any other person at exportation or during the time they were abroad.

126(2)  For the purposes of this regulation–
(a)the reference to the importation of goods does not include the removal of goods from Northern Ireland to Great Britain, and related expressions are to be interpreted accordingly;

(b)any reference to the exportation of goods does not include the removal of goods from Great Britain to Northern Ireland, and related expressions are to be interpreted accordingly.
 
so basically, no VAT  is due, on any RMA, and VAT is only due, when a item is sent out of the uk, for repair then re imported, after being repaired.
 
so thank you Toni Curtis, @customs and excise, you have proven to myself, and now many other people you truly do not know your job, or any of the laws, and that you really really really should read the small print before you try to enforce an non existent law!!!
 
I hope this helps any one who may of been scared, to send of there RMA fearing a massive VAT  charge.
 
kind regards rick.
I know kung-Fu, and several other hard words....


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