Custom VAT charge on family/personal belongings, can I appeal?

Found 18th Aug 2009
OH sent me a camera from overseas clearly marked Personal belonging. HMRC treated as GIFT and charge VAT on that, costed me around £50... I dont think its fair since some members here (this thread http://hotukdeals.com/item/462660/wanting-to-buy-something-from-the-u) werent charged.

Question is, can I appeal? any experiences?

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40 Comments

Original Poster

vinylandtrinkets;6051792

you could try and appeal it but i dont think it would get you anywhere. I … you could try and appeal it but i dont think it would get you anywhere. I think its just luck of the draw to be honest. we've been lucky but thats not to say the next parcel i get from my brother marked personal will not incurr a charge



i also think so. just felt the decision a bit unfair ...

Be happy they treated it as a Gift and not standard item or you'd be charged a hell of a lot more.

If it was brand new in box you wont have a leg to stand on. If it was camera, no instructions, no box, or anything, you could appeal.

Banned

how much did they say it was worth? how did they get to £50 tax?

Original Poster

t0mm;6051829

Be happy they treated it as a Gift and not standard item or you'd be … Be happy they treated it as a Gift and not standard item or you'd be charged a hell of a lot more.If it was brand new in box you wont have a leg to stand on. If it was camera, no instructions, no box, or anything, you could appeal.



it is indeed a camera, no box, no instructions, no batteries. just camera, charger, and cables

Original Poster

casparwhite;6051836

how much did they say it was worth? how did they get to £50 tax?



for insurance reason, OH stated value around 220£... VAT 37£ Parcel force's handling fee 13£

best of luck, everything I get from abroad seems to get carged

Original Poster

ADZ1478;6051883

best of luck, everything I get from abroad seems to get carged



thanks... what annoyed me was the fact that they held my parcel for 3 days and caused total delivery time of 10 days! We send it on EMS so that I can use ity on 9th august. thanks to them i couldnt!

im submitting complaint to both HMC and Parcelforce... hope to recover at least some of the csharges

Where did you purchase it?

Original Poster

pghstochaj;6051963

Where did you purchase it?



it was purchased by OH in Japan some months ago

Banned

nuabdi;6051873

for insurance reason, OH stated value around 220£... VAT 37£ Parcel f … for insurance reason, OH stated value around 220£... VAT 37£ Parcel force's handling fee 13£



aah i see....should of been wise to that mate....im sure you will be able to appeal if you can prove it was bought legitimately with the original recipt


load of hassles tho

nuabdi;6051969

it was purchased by OH in Japan some months ago



Have you looked up the legal position given that it wasn't bought originally in the UK then?

Original Poster

casparwhite;6052014

aah i see....should of been wise to that mate....im sure you will be able … aah i see....should of been wise to that mate....im sure you will be able to appeal if you can prove it was bought legitimately with the original reciptload of hassles tho



i knew the value was stated too high.
thanks, i'd complain for the decsiion and ask compensation for the delay. its a long shot, but im so annoyed i wanna do it just to let them now im unhappy lol

Banned

pghstochaj;6052044

Have you looked up the legal position given that it wasn't bought … Have you looked up the legal position given that it wasn't bought originally in the UK then?



yeah hes been charged import tax:?

Original Poster

pghstochaj;6052044

Have you looked up the legal position given that it wasn't bought … Have you looked up the legal position given that it wasn't bought originally in the UK then?



ive gone through HMC web personal belongings is exempted from VAT with some conditions
I know it will be hard, but like i said im also annoyed by the delay so will just try my luck

Bet you wish they put a value of £15 on it now.

Original Poster

pinkleponkle;6052111

Bet you wish they put a value of £15 on it now.



well yes a but not really... like i said we hesitated to put low value for insurance reason...
we also think HMC would have suspected anyway had we put low value for a camera

nuabdi;6052083

ive gone through HMC web personal belongings is exempted from VAT with … ive gone through HMC web personal belongings is exempted from VAT with some conditions I know it will be hard, but like i said im also annoyed by the delay so will just try my luck



Have you a link to it? I can't spot it, only if it is for temporary use or within the EU, since otherwise we would all buy things and then they become personal belongings and try to avoid VAT?

Yes but with the £50 whacked on top you would have probably saved nothing on buying in this country.

I used to import loads and loads a few years ago and got stung twice. I have had 5kg boxes full of stuff get in with no tax levied.

Banned

Personal items sent from outside the EU

If you’re posting your belongings to the UK from outside the EU, you’ll need to make sure there is a Customs Declaration fixed to the package - and that it’s clearly marked ‘personal belongings’. If you don’t follow these steps, the customs officer from the UK Border Agency (UKBA) examining the package may assume it’s for commercial use or is a gift - and you may be charged Customs Duty and/or Import VAT.

If the goods are over a certain value, you may be asked to fill in a form C3 ‘Bringing personal belongings to the United Kingdom from outside the European Union’ to confirm that the goods belong to you. They will send this form out to you and you’ll have to send it back before your goods can be delivered.


hmrc.gov.uk/cus…htm

ring them on the above link or email em

Original Poster

pghstochaj;6052150

Have you a link to it? I can't spot it, only if it is for temporary use … Have you a link to it? I can't spot it, only if it is for temporary use or within the EU, since otherwise we would all buy things and then they become personal belongings and try to avoid VAT?



hmrc.gov.uk/cus…htm
like i saidthere are some qualifying conditions

nuabdi;6052229

http://www.hmrc.gov.uk/customs/post/sending.htm



Doesn't that rely on you having purchased it here? I might be wrong, I am just playing Devil's Advocate.

Original Poster

pinkleponkle;6052168

Yes but with the £50 whacked on top you would have probably saved nothing … Yes but with the £50 whacked on top you would have probably saved nothing on buying in this country.



it made it slightly more expensive although that was not the reason I asked my wife to send hers here

Original Poster

pghstochaj;6052249

Doesn't that rely on you having purchased it here? I might be wrong, I am … Doesn't that rely on you having purchased it here? I might be wrong, I am just playing Devil's Advocate.



not necesarily, its more related to how long we've had the item and how long we've stayed outside UK

or may be i posted a wrong link hmrc.gov.uk/cus…htm

orma be i am wrong lol

But if you had purchased the item in Japan and owned it in the UK, you must have had to pay import tax and/or import VAT at some point previously? Again, I might be wrong, I do not know much about this.

Original Poster

casparwhite;6052189

Personal items sent from outside the EUIf you’re posting your belongings t … Personal items sent from outside the EUIf you’re posting your belongings to the UK from outside the EU, you’ll need to make sure there is a Customs Declaration fixed to the package - and that it’s clearly marked ‘personal belongings’. If you don’t follow these steps, the customs officer from the UK Border Agency (UKBA) examining the package may assume it’s for commercial use or is a gift - and you may be charged Customs Duty and/or Import VAT.If the goods are over a certain value, you may be asked to fill in a form C3 ‘Bringing personal belongings to the United Kingdom from outside the European Union’ to confirm that the goods belong to you. They will send this form out to you and you’ll have to send it back before your goods can be delivered. http://www.hmrc.gov.uk/customs/post/customes-procedures.htmring them on the above link or email em



thanks... will do

Banned

you should of completed a form and stuck it on the outside of the box which is why youve been charged

thats all

you may end up stuck with the handling charges tbh mate as you mucked up by not checking the proper procedure even though you may get ther tax back which i imagine is the bulk of the amount

good luck n keep us informed

Original Poster

pghstochaj;6052304

But if you had purchased the item in Japan and owned it in the UK, you … But if you had purchased the item in Japan and owned it in the UK, you must have had to pay import tax and/or import VAT at some point previously? Again, I might be wrong, I do not know much about this.



In that case why didnt they charge everyone who brought their old laptops and bring them here when moving here?

If it's clearly used and you can proof it's been posted by the wife you should have half a chance.

Original Poster

casparwhite;6052321

you should of completed a form and stuck it on the outside of the box … you should of completed a form and stuck it on the outside of the box which is why youve been chargedthats allyou may end up stuck with the handling charges tbh mate as you mucked up by not checking the proper procedure even though you may get ther tax back which i imagine is the bulk of the amountgood luck n keep us informed



yea may be thats the case too... i know it would be a long shot

nuabdi;6052360

In that case why didnt they charge everyone who brought their old laptops … In that case why didnt they charge everyone who brought their old laptops and bring them here when moving here?



Who is everybody that brought their old laptops when moving here?

There are a number of areas it seems that you avoid the import tax and/or VAT such as if you are only here on a temp basis such as students. As far as I can see, since you have not owned the camera in the UK before it is liable for import VAT?

Banned

pghstochaj;6052386

Who is everybody that brought their old laptops when moving here? There … Who is everybody that brought their old laptops when moving here? There are a number of areas it seems that you avoid the import tax and/or VAT such as if you are only here on a temp basis such as students. As far as I can see, since you have not owned the camera in the UK before it is liable for import VAT?



personal belongings mate.....doesnt apply

Original Poster

pghstochaj;6052386

Who is everybody that brought their old laptops when moving here? There … Who is everybody that brought their old laptops when moving here? There are a number of areas it seems that you avoid the import tax and/or VAT such as if you are only here on a temp basis such as students. As far as I can see, since you have not owned the camera in the UK before it is liable for import VAT?



yea i am a student and wont stay here :thumbsup:

casparwhite;6052399

personal belongings mate.....doesnt apply



According to the HMRC, it seems that it is only the case if you have already owned the device in the UK before, such that you would have already paid VAT (either import or through purchase). I don't see anything which says otherwise - your link above when you follow through explains the same thing. I am happy to be proven incorrect...

Banned

nuabdi;6052407

yea i am a student and wont stay here :thumbsup:



dont be pinching our women n jobs or else:-D

Original Poster

pinkleponkle;6052364

If it's clearly used and you can proof it's been posted by the wife you … If it's clearly used and you can proof it's been posted by the wife you should have half a chance.



thanks :thumbsup: wouldnt hold my hope high though

Original Poster

pghstochaj;6052418

According to the HMRC, it seems that it is only the case if you have … According to the HMRC, it seems that it is only the case if you have already owned the device in the UK before, such that you would have already paid VAT (either import or through purchase). I don't see anything which says otherwise - your link above when you follow through explains the same thing. I am happy to be proven incorrect...



it IS not treated as an import if it is a personal belonging...
but there are some qualifications for that like i have had the good for certain amount of time and have had lived outside the UK for a certain period

nuabdi;6052463

it IS not treated as an import if it is a personal belonging...but there … it IS not treated as an import if it is a personal belonging...but there are some qualifications for that like i have had the good for certain amount of time and have had lived outside the UK for a certain period



Is this what you think or what the HMRC think?

Original Poster

casparwhite;6052424

dont be pinching our women n jobs or else:-D



no... im a good husband and on a study leave from my employer so youre safe there

Original Poster

pghstochaj;6052486

Is this what you think or what the HMRC think?



its there in the link and will find out when i submit my complain :thumbsup:
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