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UK updates digital platform VAT obligations for 3rd party sellers

HMRC updates obligations for platform operators with regards their sellers VAT activities

The UK’s HMRC is updating use of data from digital platform operators in the UK of their sellers activities. This will come into effect in November 2024.

The changes will enable HMRC to receive more seller transaction data from partner jurisdictions where there is a UK-based seller and residents. To limit more onerous reporting obligations, it will apply a proportional reduction to seller exclusion thresholds which could bring into scope sellers that do not need to be reported on.

Jan 2024: New obligations for platform operators with regards their sellers VAT activities

Jan 2024 HMRC has issued guidance on the January 2024 introduction of VAT on digital platforms regarding their third-party sellers. This includes e-commerce goods; provide personal services; and home and ride sharing services.

The new reporting regime comes into effect from 1 January 2024, with the first reporting cycle in January 2025. EU’s DAC7 harmonised reporting initiative  came into effect in 2023.

July 2023 – statutory instrument issued

The UK’s House of Commons is now reviewing a statutory instrument which will set for platform operators their due diligence, record keeping and reporting obligations on the activities of third-party sellers on their marketplaces. They come into effect from January 2024.

The instrument provides for:

  • Due Diligence: basic information to collect, verify and maintain on their sellers’ background.
  • Record Keeping: steps to comply with the regulations
  • Reporting Information: details of activities and transactions which must be reported.
  • Reporting thresholds:
    • the threshold of 2,000 relevant services per reportable period
    • the threshold of 30 relevant activities per reportable period
    • the threshold of EUR 2,000 per reportable period
  • Penalties (and appeals) for late reports, which will not exceed £5,000

These regulations make provision implementing the OECD (2020), Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy, OECD, Paris and the OECD (2021), Model Reporting Rules for Digital Platforms: Optional Module for Sale of Goods, OECD, Paris.

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