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Customs guidance roundup: 14 January 2022

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HMRC has published further new and updated guidance for imports, exports and customs to reflect the post-transition period regime:

–        The Free Zone (Customs Site No 1 Thames) Designation Order, SI 2021/1432—this Order designates the Customs Site No 1 Thames as a special area for customs purposes (a free zone) and appoints P&O Ferrymasters Limited as the responsible authority for the free zone. The Order sets out the conditions which are imposed on the responsible authority. The Order has effect for 10 years from 15 December 2021.

–        The Customs Safety and Security Procedures (EU Exit) (No 2) Regulations, SI 2021/1445 —These Regulations extend for six months the duration of a waiver from the obligation to submit pre-arrival safety and security entry summary (ENS) declarations for imports from territories where such a declaration was not required before the UK’s exit from the EU. This includes, for example, the EU, Norway and Switzerland. Before the introduction of these Regulations the waiver was in place until 31 December 2021; these Regulations will extend the waiver until the end of 30 June 2022.

–        The Customs (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations, SI 2021/1489These Regulations make amendments to the definitions of previous subordinate legislation made under the Taxation (Cross-border Trade) Act 2018 (TCTA) relating to tariffs. The Regulations update some of the information on the classification of imported goods. These updates are made to reflect changes to the tariff classification nomenclature made by the World Custom Organization (‘WCO’). The technical amendments made by this instrument will keep the UK’s tariff schedule up to date and will ensure goods imported are subject to the correct classifications used globally.

–        Customs, VAT and Excise UK transition legislation from 1 January 2021new tertiary legislation has been added to the ‘VAT notices that have force of law’ section.

–        Reference Documents for The Customs (Import Duty Variation) Regulations 2021—This document sets out the additional duties which apply on certain goods originating from the United States of America.

–        Reference Documents for The Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020—Several reference documents have been updated and the 'Customs Import Duty Variation Document, version 1.0, dated 28 December 2021' has been added.

–        Notices made under the Customs (Export) (EU Exit) Regulations, SI 2019/108updated to reflect changes from 1 January 2022.

–        Customs Civil Penalties—the customs and export schedule of contraventions from 1 January 2021 has been updated to reflect new rules which apply from 1 January 2022.

–        List of sensitive goods when declaring to inward or outward processing—setting out goods which can be declared as sensitive for the purpose of the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations, SI 2018/1249 and the Taxation Cross-border Trade (Special Procedures Supplementary and General Provision) (EU Exit) Regulations, SI 2020/1439.

–        Attending an inland border facility—guidance on whether taxpayers need to report for an inspection if they are arriving at the Port of Dover, Eurotunnel or Holyhead from 1 January 2022 has been added.

–        Registration and approval of excise goods held in duty suspension (Excise Notice 196)information added on changes in ownership and when new applications are required at section 2.

–        Receive goods into and remove goods from an excise warehouse (Excise Notice 197)information about movements from Ireland and Northern Ireland to Great Britain from 1 January 2022 has been added.

–        Check which locations need an arrived export declaration from 1 January 2022—new guidance for businesses on submitting their export declaration as arrived before their goods start their journey if they’re leaving from certain locations.

–        Check which locations you need to use pre-lodged declarations—new list of ports/terminals where pre-lodged declarations must be submitted from 1 January 2022.

–        Check how to declare personal goods you bring into or take out of the UK—new guidance on how to declare personal goods by making a declaration by conduct or an oral declaration.

–        Excise Notice 60: Intrastat general guide—updated to reflect that, from 1 January 2022, Intrastat will only apply for movements of goods between Northern Ireland and the EU. Movements between Great Britain and the EU will no longer be covered by Intrastat.

–        List of roll on roll off ports—the guidance has been updated to confirm that from 1 January 2022 businesses will need to check which locations use the Goods Vehicle Movement Service, which require businesses to submit a pre-lodged declaration and which require an arrived export declaration. The existing list of RoRo ports applies only until 31 December 2021.

–        Complete your VAT Return to account for import VAT—this guidance has also been updated to reflect the continuing existing arrangements for customs checks on goods from Ireland after 1 January 2022. Changes have also been made to the sections ‘If you delay your customs declaration’ and ‘Transactions or movement of goods on or after transition period’.

–        Delaying declarations for goods brought into Great Britain—updated to reflect the extension of staged customs controls for goods brought into Great Britain from Ireland or Northern Ireland from 1 January 2022.

–        Non-Statutory Instrument secondary legislation: Commissioners Directions—clearance outwards of pleasure craft from Great Britain and Northern Irelandsecondary legislation for businesses in relation to supplying information for pleasure craft departing from Great Britain and Northern Ireland, which came into force on 1 January 2022.

–        Notice 8: sailing your pleasure craft to and from the UK—the section 'Find out which journeys you must report', has been updated to cover journeys between the UK and the Isle of Man, and the 'When is an imported vessel able to get Returned Goods Relief' section is updated to reflect how time limits for returning goods apply to pleasure craft.

–        Non-Statutory Instrument secondary legislation: Commissioners Directions under s 35(1) and s 64(2)(b) of the Customs and Excise Management Act 1979updated secondary legislation on what passenger information is needed for ships, aircraft and railway vehicles arriving in or departing from Great Britain and Northern Ireland, from 1 January 2022.

–        Pay less import duty and VAT when re-importing goods to the UK—The 'Normal time limits for returning goods' section has been updated to reflect how the waiver to the 3-year rule applies.

–        Notice made under paragraphs 12(3)(b) and 13(2) of Schedule 9ZD to the Value Added Tax Act 1994—information on payment methods has been added.

–        The following guidance pages have been updated to state that declarations can be delayed for goods brought from EU free circulation into free circulation in Great Britain, between 1 January 2021 and 31 December 2021, or for goods brought from free circulation in the Republic of Ireland or Northern Ireland into free circulation in Great Britain, from 1 January 2022:

−        Making a delayed supplementary import declaration using the Customs Declaration Service

−        Making a delayed supplementary import declaration using CHIEF

−        Apply to use simplified declarations for imports you entered in your records without authorisation

−        Making an import declaration in your records without authorisation

–        Check how to move goods through ports that use the goods vehicle movement service and Get a goods movement reference—updated to reflect the requirements to get a goods movement reference from 1 January 2022 because of changes to the goods vehicle movement service and the decision to temporarily extend staged customs controls for goods moving from Ireland and Northern Ireland to Great Britain.

–        Get proof of origin for your goods and Claiming preferential rates of duty between the UK and EUthe maximum value threshold for making origin declarations without approved exporter status has been reduced from £5,500 to £5,400.

–        Apply to use simplified declarations for imports, Making an import supplementary declaration and Making an import declaration in your recordsupdated to add information about controlled goods imported into Great Britain from Ireland.

–        Excise Notice 452: Machine Games Duty, Excise Notice 147a: Pool Betting Duty, Excise Notice 451a: General Betting Duty and Excise Notice 455a: Remote Gaming Duty—the section ‘How to pay’ has been updated to add information on making an online bank account payment.

–        Excise Notice 226: Beer Duty—Sections 3.1 ‘General information’, 3.7 ‘How long registration lasts’, 4.5 ‘Changes affecting your registration particulars’ and 5.5’ Changes affecting your registration particulars’ have been updated with information about a change of business ownership.

–        Excise Notice 162: cider production—Sections 1.2’ What’s changed’, 3.1 ‘Do I need to register’, 3.6 ‘Changes affecting your registration particulars’ and 3.8 ‘How long your registration will last’ have been updated to confirm that where a registered business is sold in its entirety, the new owner must apply for registration with HMRC for duty purposes before trading.

–        Excise Notice DS5: UK Duty Stamps Scheme—Section 6.1 ‘Who can register’ has been updated with information about purchasing an existing or previously registered business.

–        Excise Notice 39: spirits production in the UK—Sections 2.1 ‘New distillers’, 3.1 ‘Amending or changing details of a distiller’s licence or plant and process’ and 14 ‘Spirits rectifiers and compounders’ have been updated with information about a change of business ownership.

–        Excise Notice 163: wine production—Sections 1.2 ‘Changes’, 3.1 ‘Wine producer’s licence’, 3.4 ‘How to become licensed’, 3.8 ‘Duration of licence’, 3.11 ‘Changes affecting your licence’ and 3.12 ‘Production by unlicensed persons or on unlicensed premises’ have been updated to confirm that where a licensed business is sold in its entirety, the new owner must apply for a licence before trading.

–        Excise Notice 76: excise duty on gas for use as fuel in road vehicles—information about approving a payment through an online bank account has been added at section 3.2 ‘Returns and duty payment’.

–        Excise Notice 179e: Biofuels and other fuel substitutes—information about approving a payment through an online bank account has been added at section 4.5 ‘How to pay excise duty’.

 

 

Issue: 1559
Categories: News
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