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Post-Brexit VAT Divergence and why the EU Forgives and the UK Doesn’t?

  • The UK maintains a strict rule (confirmed in H Ripley & Co Ltd v HMRC) requiring suppliers to hold complete proof of export within three months for zero-rating, denying relief even if goods actually left the UK due to documentation flaws.
  • Conversely, the ECJ (in C-602/24 W.) adopted a more flexible stance, allowing zero-rating even without full formal documentation if other substantive evidence clearly confirms the goods were exported.
  • This divergence means UK exporters face a higher risk of losing zero-rating due to incomplete or delayed paperwork, emphasizing the critical need for meticulous and timely documentation, especially within HMRC’s strict deadlines, to ensure compliance.

Source Meridian

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