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Will I need a fiscal representative after Brexit
Tick 19th March 2021 0 Comments

Since the UK left the EU VAT system on December 31, 2020, UK and EU e-commerce retailers or B2B supply chain operators may be required to appoint Tax Representatives VAT for their non-resident VAT returns.

However, on December 24, 2020, a Brexit Free Trade Agreement with no tariffs or quotas was announced. It included a VAT Mutual Assistance Protocol providing for cooperation on outstanding tax liabilities between the UK and EU Member States. As in Norway, this means UK companies will not require a VAT representative in some EU Member States that normally require it, such as France and Italy.Poland indicated that British companies with a local foreign VAT registration should already appoint a tax representative by January 1, 2021. Otherwise, they will violate local regulations even with the last filings in 2020. Filed in 2021. Bulgaria expects to appoint a tax representative end of March 2021 for e-commerce sellers. Portugal until June 31, 2021
UK importers to EU countries will need an indirect tax representative for Customs and VAT if their freight forwarder does not act as their direct representative.British companies need an EU tax representative after Brexit?Following the conclusion of the EU-UK Trade and Cooperation Agreement, UK companies now require a tax representative in the following countries:

EU countries Tax representative for British companies? Comments
1 Austria Yes VAT agent required with no shared liability.
2 Belgium No – requires confirmation The EU-UK Mutual Assistance Protocol abolishes the requirement, but subject to a ratification agreement by the European Parliament. The tax office suspended the obligation.
3 Bulgaria Yes Should be until January 15, 2021. For Distance Sellers; March 31, 2021 for other sellers.
4 Croatia Yes
5 Cyprus No Suspended tax representative required, subject to ratification of the EU-UK Trade and Cooperation Agreement
6 Czech Republic No
7 Denmark Yes Requirements for UK businesses were expected to drop soon
8 Estonia Yes
9 Finland No The EU-UK Mutual Assistance Protocol abolishes the requirement, but the authorities turn to the tax representative until at least the agreement is ratified by the European Parliament
10 France No The EU-UK Mutual Assistance Protocol removes this requirement
11 Germany No VAT agent required with no shared liability
12 Greece Yes
13 Hungary Yes To avoid cancellation of your registration, you must appoint a tax representative by January 15th.
14 Ireland No
15 Italy No The EU-UK Mutual Assistance Protocol removes this requirement.
16 Latvia No
17 Lithuania No The EU-UK Mutual Assistance Protocol removes this requirement
18 Luxembourg No May require a cash payment to the tax office
19 Malta No A few exceptions
20 The Netherlands No In the case of VAT import permits pursuant to Art. 23; Distance Selling UK
21 Poland No He reversed his decision to request a UK business tax representative.
22 Portugal Yes Deadline until June 30, 202
23 Romania Yes UK VAT registrations have been canceled. Companies cannot reapply for a tax representative.
24 Slovakia No
25 Slovenia Yes
26 Spain No The EU-UK Mutual Assistance Protocol removes this requirement
27 Sweden Yes The EU-UK Mutual Assistance Protocol abolishes this requirement – authorities confirm that it will apply for some time without a tax refund for UK taxpayers (some exceptions, e.g. Imports)

Countries like the Netherlands require a tax representative for special procedures such as import VAT deferment. 

Do EU companies need a British fiscal representative after Brexit?

No. The UK does not require EU or non-EU resident companies to appoint a tax representative. The only caveat is that UK HMRC may impose an obligation on a company with poor VAT compliance. This is sometimes used for e-commerce sellers who have not registered for VAT or have fully declared the VAT due.

The role of the tax representative

A tax representative is a special type of VAT agent for foreign companies with VAT registration in another country. They are responsible for the correct calculation and reporting of their client’s VAT and are the first point of contact for the local tax office in case of questions or audits.

They are usually jointly and severally liable for the unpaid or undeclared VAT of their non-resident customers. As such, they typically charge higher fees and often require a bank guarantee or cash deposit to protect against any loss of customers