BIFA has been aware that since 2021, that there has been a growing number of actions being taken by HMRC against BIFA Members, in particular, relating to valuation issues surrounding Chinese imports into the UK cleared on DDP basis.
The association has published numerous articles on the subject of establishment, representation, and the dangers of being an indirect customs representative. In the last mentioned situation, with no other entity established in the United Kingdom, the import agent, who has acted on an indirect basis, in reality finds themselves liable for under-paid duties and, more controversially, VAT.
If you have been approached and in particular interviewed under caution by HMRC, please contact Robert Windsor, with a view to passing information on to a well-respected firm of solicitors to dispute decisions and tax demands made by the Department. It has to be remembered that all cases are subtly different, and in some cases, Members have breached the law and have no defence and will thus be liable for any debts. In other scenarios, the opposite may be true – no law has been broken and regulators are in error and need to reconsider their actions and decisions.
** The arrangement between the solicitors and BIFA Member is strictly commercial, and the latter must discuss fees etc which they will have to pay to solicitors, when pursuing their case. **
