HMRC have published Revenue and Customs Brief 4 (2024): Interpretation of VAT and excise law from 1 January 2024 following post-Brexit legislation that came into effect on 1 January 2024.
This brief explains how VAT and excise legislation should be interpreted in the light of:
- The Retained EU Law (Revocation and Reform) Act 2023.
- The bespoke solution introduced for VAT and excise in Finance Act 2024.
HMRC say that "In short, UK VAT and excise legislation means the same as it did on 31 December 2023".
The first part of the legislation removes the supremacy of EU law. The second part of the legislation is contained in s.28 Finance Act 2024 and means that UK VAT and excise legislation will continue to be interpreted in the same manner as before 1 January 2024. The principle of consistent interpretation (the Marleasing principle) applies.
Useful guides on this topic
Starting in business: VAT
One of the first decisions to make when starting in business is whether or not you should register for VAT. Am I running a business for VAT purposes and if so, when do I register?
Exporting goods from GB from January 2021
The post Brexit transition period ended on 31 December 2020. What do the new rules mean? Have all of the relevant applications been made in order to continue trading smoothly?
How to claim back import VAT and duties
Buying goods from Europe? Now that the UK has left the EU you may well now be liable for VAT and customs duties. If your imports are returned or import taxes have been applied in error you can claim a refund.
How to reclaim VAT on business expenses in the EU?
How do you reclaim VAT on EU purchases from 1 January 2021?
International goods
Special VAT rules apply to goods bought from and sold to non-UK businesses.
Place of supply: Goods
The place of supply (POS) of goods determines whether the supply is within the scope of UK VAT and whether VAT is payable on that supply.
Place of supply: Services
The Place Of Supply (POS) of a service determines whether the supply is within the scope of UK VAT and whether VAT is payable on that supply.
External links
Revenue and Customs Brief 4 (2024): Interpretation of VAT and excise law from 1 January 2024
