This week’s Brexit Bites looks at the ground rules set by the EU and UK on their future relationship in financial services, updates from the Trader Support Service as well as a response from HMRC in relation to the Insitute’s letter seeking an update on the duty reimbursement scheme.   HMRC responds to Institute letter regarding duty reimbursement scheme  HMRC responded to the Institute’s letter in which we sought an update about how the duty reimbursement scheme would operate where goods brought into Northern Ireland from Great Britain were declared at risk and were subsequently found to have stayed in Northern Ireland.   HMRC stated in their response that they are developing plans for delivering the scheme and will share further details about when it will open and how it will operate as soon as they are in a position to do so. Details on evidence requirements will also be provided.   EU tariffs may apply to goods brought into NI from GB if there is a risk that the goods will subsequently be moved to the EU. If it can be proven that goods stay in NI, the Joint Committee set up under the Protocol agreed that there would be measures to allow for exemptions, or a potential reimbursement of duties paid.    In the letter, the Institute also noted that the definition of “at risk” is a complex area and queried how far down the supply chain a business needs to go to arrive at the decision if goods are “at risk” or “not at risk”. We recommended the publication by HMRC of more developed and detailed guidance.   In response, HMRC confirmed that the “at risk” guidance will be updated this month (April) to make clearer the ‘at risk’ rules and the interaction between ‘at risk’ and preferential agreements for traders bringing goods into Northern Ireland.  We will keep members updated.   Read HMRC’s response.   Financial Services - Memorandum of Understanding reached  Technical discussions between the EU and the UK on ground rules for their future relationship in financial services have now concluded. The UK government announced that the Memorandum of Understanding (MoU) creates the framework for voluntary regulatory cooperation in financial services between the two side.   Both sides still need to take some formal steps before the agreement is signed but the UK Treasury said, “it is expected that this can be done expeditiously.”  It’s understood individual member states will also need to approve the MoU.   The MoU does not give access to the EU’s financial services market to the UK; rather it creates a platform via the Joint EU-UK Financial Regulatory Forum to discuss financial services issues in the future.    Read the announcement on  GOV.UK.  Trader Support Service (TSS)  The latest edition of the  TSS bulletin tells us that the TSS duty deferment account can now be used to make duty payments.  The bulletin also covers whether the total invoice value you enter into your supplementary declaration should exclude VAT.   The VAT amount   The TSS team have confirmed in their TSS bulletin that the total invoice value entered into the supplementary declaration should exclude VAT.  All individual item values that are listed on the supplementary declaration for GB to NI movements should exclude VAT. The bulletin advises that you should make sure VAT is not added into the additional VAT field as this is for Rest of World imports.  For example, if goods are valued at £100 plus VAT, enter only £100.  Making duty payments  The TSS Duty Deferment Account can now be used to make duty payments calculated in your supplementary declarations.     For more information about the process for payments and dates you need to make them by, you can read this guidance.     Initially you will only be able to make payments associated with your declarations using the TSS Duty Deferment Account (DDA), which will then pay HMRC on your behalf.       You will be able to make payments online by using one of the following card types:    Mastercard or VISA personal or corporate debit cards issued in the UK or European Economic Area (EEA)   Mastercard or VISA corporate credit cards issued in the UK/EEA and the rest of the world      Payment of duty: consider your options   If you have submitted a supplementary declaration that has ‘pending payment’ status, make sure you have considered all potential options for offsetting or removing the need to pay duty. Further guidance can be found here.   For any more support, contact the TSS portal here or call 0800 060 8888 from 7:30am to 10:30pm seven days a week.  ECustoms notification Helpdesk notification Ref: 31/2021  This Helpdesk notification gives details of the VAT eCommerce Package to be introduced on 1 July 2021 and associated changes for import declarations.   

Guidance has been released by the Trade Support Service (TSS) and covers top tips for submission of supplementary declarations for controlled goods in particular. The supplementary declaration is the final step in the process of moving goods from GB to NI.  Supplementary declarations: timelines for submission There are different timelines depending on when the goods are for the submission of your supplementary declarations. The table below outlines the dates by which you need to make your supplementary declaration.  From 22 March you will be able to use TSS to submit supplementary declarations for some movements of controlled goods. Type of goods moved When they were moved When you need to submit your supplementary declarations Standard 1 January – 14 February Not yet – TSS will contact you separately Standard 15 February – present By 7 April* Controlled 1 January – 14 February Not yet – TSS will contact you separately Controlled On or after 15 February After 22 March but before 7 April*   *If you have moved goods into NI since 15 February then you should complete your supplementary declarations by 7 April. If you are unable to do so, TSS will be in contact soon to help you declare your goods as soon as possible. HMRC is taking a supportive approach and will not penalise those businesses trying to get it right. What are controlled goods? Controlled goods can be classified as those that are subject to special health, licensing, or environmental controls. This includes (but is not limited to): Customs controlled goods such as weapons, military products, excise goods (like alcohol and tobacco), fluorinated gases and ozone-depleting substances and rough diamonds Sanitary and phytosanitary (SPS) goods such as meat, dairy products and any products of plant or animal origin Chemical goods such as pesticides, pharmaceutical products and certain hazardous substances, mixtures and articles for their marketing and use on the market What are standard goods? Standard goods are goods which are not controlled goods, i.e., are not subject to special health, licensing, or environmental controls.  The most recent TSS weekly bulletin sets out  information on identifying if goods are controlled along with guidance on timelines for completing supplementary declarations. TSS Three-step process for controlled goods The TSS import process has three steps. The first two of these – submission of an ENS safety & security declaration and submission of a simplified frontier declaration (SFD) – will have been completed by you or your carrier/haulier before the goods were moved.   The final step is the supplementary declaration, which TSS will submit for controlled goods on your behalf using further data that you must supply through the TSS portal. Additional data you need to supply The scope of this extra data you need to supply will depend on when you submitted your ENS for the controlled goods:    For a submission on or after 15 February, much of the information required for the supplementary declaration will be pre-populated from your ENS submission. For submissions made before 15 February, a small amount of information required for the supplementary declaration will be pre-populated from your ENS submission. As a result, you will also need to provide the certificates/licence details required to import these goods and Procedures/additional procedure codes you wish to use for each item. How to complete supplementary declarations If you are the importer there are steps to follow, summarised below to ensure a smooth supplementary declaration process:  1. Establish what data is required for your supplementary declaration - and then record it 2. Determine the commodity codes for all of the goods you are moving  3. Identify where your goods are eligible for the preferential tariff  4. Establish whether your goods are ‘at risk’ and, if they are, apply for authorisation under the UKTS (if you qualify for it) For more information on Supplementary Declarations, click here.

We are told that later this month, the TSS will be able to take payment for any duty calculated as a result of supplementary declarations made. The latest TSS bulletin sets out some guidance on what to do depending on whether you have a duty to pay, you are claiming a waiver, or your goods are not “at risk” of entering the EU.   One of the following options may arise for traders: 1. Claim the preferential rate of duty under the EU-UK Trade and Cooperation Agreement  2. Claim a waiver on the duty up to specified limits, meaning you would not have to pay the duty owed. This option might be the most appropriate if you make a small number of movements. Guidance on how to claim a waiver can be found here. 3. Declare your goods are ‘not at risk’. To exercise this option, you must be authorised under the UK Trader Scheme to do so.  We cover the UK Trader Scheme below. Guidance on the eligibility requirements and how to apply can be found here. If one or more of these options apply to you, then you will be able to edit your supplementary declaration by selecting ‘return to draft’ (TSS will provide guidance on how to do this when you are contacted to ask for payment). You can then update the form to take advantage of the options and re-submit your declaration, which will re-trigger the duty calculation. If you have submitted a supplementary declaration already that will attract duty and now has ‘pending payment’ status, guidance from the TSS says to make sure you have considered all of the above options regarding the ability to offset or remove the need to pay duty. If you have not submitted a supplementary declaration yet, then these options may still apply so you should consider them before you submit your information. Read more in the TSS weekly bulletin.