- Roseline Logistics Ltd acted as a customs agent for QP Trading Ltd, submitting 32 import declarations using Postponed VAT Accounting.
- QP Trading Ltd was not eligible for PVA due to a cancelled VAT registration.
- Roseline relied on third-party instructions without verifying QP Trading Ltd’s status.
- HMRC issued Roseline a demand for approximately 1.1 million pounds in import VAT.
- HMRC claimed Roseline was jointly liable under the Taxation (Cross-border Trade) Act 2018.
- Roseline appealed to the First-tier Tribunal.
- The tribunal examined Roseline’s liability and potential human rights infringement.
- Roseline was found liable for unpaid import VAT due to involvement in customs law breach.
- The tribunal ruled that Roseline’s liability did not violate human rights protections.
- The case highlights the need for customs agents to verify client VAT status and PVA eligibility.
Source: rpclegal.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
