Baker McKenzie’s VAT/Indirect Tax Practice presented “e-Commerce”, on 28 October 2020. This was the seventh presentation in the International VAT Conference Webinar Series, a global webinar series designed for VAT specialists from all industry sectors that aims to discuss the latest developing trends and hot topics in the VAT/goods and services tax (GST) and customs arena.

HMRC have issued new VAT guidance in relation to termination fees and compensation payments. HMRC now consider that such payments will normally represent consideration for the supply of goods or services and therefore are liable to VAT. This results in uncertainty for many payments which would have previously been treated as compensation and outside the scope of VAT. We have considered the impact of the new guidance below, specifically in the context of M&A transactions.

In brief HMRC have issued new VAT guidance in relation to termination fees and compensation payments. HMRC now consider that such payments will normally represent consideration for the supply of goods or services and therefore are liable to VAT. This results in uncertainty for many payments which would have previously…

On 20 July 2020, HMRC published new guidance about how VAT will apply to sales of goods in the UK from 1 January 2021. The rules broadly align with the EU proposals for distance sales and imported goods, currently due to come into force from 1 July 2021.

Businesses impacted by these changes include overseas sellers of goods to UK customers, all Online Marketplaces (OMPs) which facilitate sales to UK customers and businesses that currently rely on goods being imported VAT-free under the low value consignment relief.