Shipping company dispute re VAT
Discussion
Currently having a bit of an issue with DHL and was wondering if anyone here could give me advice on where I stand.
I imported some goods from the USA and paid the appropriate VAT and import duty upon their arrival.
The goods were damaged on arrival so I contacted DHL and they agreed to waive the VAT and import duty on the replacement goods that were being sent. I sent them pictures of the damage.
Upon arrival of the replacement goods I received an email from DHL confirming that the goods were going to be released from their depot without charging me for the VAT and duty.
Fast forward a month and I am now being threatened with debt collectors for the duty and VAT on the replacement goods. They say that they made a mistake releasing the goods to me in the first place and I am liable for the amount owed.
Where do I stand here?
I imported some goods from the USA and paid the appropriate VAT and import duty upon their arrival.
The goods were damaged on arrival so I contacted DHL and they agreed to waive the VAT and import duty on the replacement goods that were being sent. I sent them pictures of the damage.
Upon arrival of the replacement goods I received an email from DHL confirming that the goods were going to be released from their depot without charging me for the VAT and duty.
Fast forward a month and I am now being threatened with debt collectors for the duty and VAT on the replacement goods. They say that they made a mistake releasing the goods to me in the first place and I am liable for the amount owed.
Where do I stand here?
Vixpy1 said:
They can't waive the vat and duty as its not them who charge it in the first place. Its HMRC. I guess they can offer to pay it for you?
As HMRC charge DHL and then they charge me, this is perhaps what they meant.Here is the email they sent me.
"Dear Customer,
Thank you for your email.
As per our records we have release shipment reference # ######### without any payment & we will udjust the payment."
They also confirmed in a lengthy phone conversation that I would not have to pay the fees to DHL for the replacement.
Vixpy1 said:
They can't waive the vat and duty as its not them who charge it in the first place. Its HMRC. I guess they can offer to pay it for you?
From what I recall they shouldn't be charged VAT/Import Duty on replacement items (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/392334/vol1_10.pdf)
chriscpritchard said:
From what I recall they shouldn't be charged VAT/Import Duty on replacement items
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/392334/vol1_10.pdf)
This(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/392334/vol1_10.pdf)
DHL have no say over the VAT/import duties
If it was a replacement item then the shipper should have declared this with appropriate customs paperwork, with this there would have been no charges to pay on the replacement.
You'll have to pay it and claim back from HMRC
Nickyboy said:
chriscpritchard said:
From what I recall they shouldn't be charged VAT/Import Duty on replacement items
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/392334/vol1_10.pdf)
This(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/392334/vol1_10.pdf)
DHL have no say over the VAT/import duties
If it was a replacement item then the shipper should have declared this with appropriate customs paperwork, with this there would have been no charges to pay on the replacement.
You'll have to pay it and claim back from HMRC
DHL can waive the VAT as a charge to the recipient, as a jester of good will, in the same way they can waive any business cost, they could for example sat they wont charge you the cost of the van driving from the depot to the house. What they can't do is remove THEIR obligation to pay the VAT to the customs , the two transactions are unrelated.
chriscpritchard said:
Vixpy1 said:
They can't waive the vat and duty as its not them who charge it in the first place. Its HMRC. I guess they can offer to pay it for you?
From what I recall they shouldn't be charged VAT/Import Duty on replacement items https://www.gov.uk/government/uploads/system/uploa...
Notice 266: https://www.gov.uk/government/publications/notice-... - section 4.1
Somebody has
up the declaration. I'm wondering if the exporter failed to mention on their paperwork that the second consignment was a replacement for the damaged one.
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