Tax warehousing (VAT Notice 702/10)

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This notice has been updated and applies to supplies made from 1 January 2021.

1.Overview

1.1 Information in this notice

This notice gives information on the VAT treatment of goods entered into, supplied within, and removed from tax warehouses in the UK, together with the treatment of supplies of services associated with those goods.

Find out about the VAT treatment of goods acquired from countries outside the UK and removed to home use from customs warehouses.

1.2 The law covering this notice

UK within section 18 of the Value Added Tax Act 1994.

1.3 What a tax warehouse is

A tax warehouse is an authorised place where goods subject to excise duty are produced, processed, held, received or dispatched under duty suspension arrangements by an authorised warehouse keeper in the course of their business. They include:

excise warehouses
registered premises and stores
distilleries
refineries

1.4 Warehouse keeper’s responsibilities

The warehouse keeper’s responsibilities are set out in detail within Notice 197 Excise Goods: Receipt into and Removal from an excise warehouse of excise goods.

1.5 The legal status of this notice

The majority of this notice is our view of the law and does not take the place of the law. The exception is the certificate reproduced at section 7 which has the force of law under Regulation 145C of the VAT Regulations 1995.

Unless otherwise qualified, the term ‘EU’ is used in this notice to refer to the VAT territory of the EU, which is different from the customs territory of the EU. Find information on the countries and territories which make up the VAT territory of the EU.

2. Trading in a tax warehouse

2.1 Registration for VAT

If your only business activity is the supply of goods within a tax warehousing regime you have no liability to register for VAT, but you may do so voluntarily if you wish under VAT Act 1994, Schedule 1(10). Your liability to register for other business activities is not affected by the value of supplies of goods or services made in a tax warehouse.

2.2 VAT implications of placing goods in a tax warehouse

No VAT is payable when excisable goods subject to a warehousing regime are placed in a tax warehouse approved for those goods. VAT may be due when goods are removed from the warehouse to home use and is payable together with any suspended duty by the person who is removing the goods (or by the person liable to pay the duty).

2.3 Supplies in a tax warehouse of home produced goods

No VAT is due on a supply of goods made in a tax warehouse as long as that supply is followed by another supply of the goods while they’re still warehoused. This means that the last buyer of the goods (or someone acting on their behalf) accounts for and pays (or defers) the VAT on their purchase together with the excise duty when the goods are removed to home use. Section 4 provides guidance on the VAT treatment of goods removed to a destination outside the UK.

2.4 VAT due on removals from tax warehouses

VAT is due on the last supply of goods in warehouse and must be accounted for and paid (or deferred) when the goods are removed from the warehousing regime to home use (this is usually the point at which duty becomes payable on the goods). The VAT due will depend on the origin of the goods and whether any subsequent supplies take place whilst in the tax warehouse in the UK. VAT may also be due on certain services associated with goods held in a tax warehouse, see section 5.

Origin of goods	Supplied in warehouse in the UK	VAT due on removal from warehouse to home use in the UK
Received in Northern Ireland from a warehouse in an EU member state. Supplier is VAT-registered in an EU member state.	No	Acquisition VAT is due. If you’re VAT-registered in the UK you should use your VAT return (form VAT 100) for the period covering the date of removal to account for the VAT on the goods removed. You may recover this VAT as input tax on the same return, subject to the normal rules. The appropriate removal declaration – see paragraph 3.2 – must also be completed, showing the value of the goods, the date of removal and, if the declarant is VAT-registered in the UK, ‘ACQVAT’ written in place of the VAT amount. Your copy of the form provides the necessary audit trail linking the warehouse removal and the declaration on the VAT return. For details of the reporting requirements for oils removed from warehouse see Notice 179 Motor and heating fuels: General information and accounting for Excise Duty and VAT. If you’re not VAT-registered in the UK, acquisition VAT is paid on the appropriate removal declaration – see paragraph 3.2.
Received in Northern Ireland from a warehouse in an EU member state. Supplier is VAT-registered in an EU member state.	Yes	Supply VAT. Where goods are acquired from a member state but supplied on whilst in the warehouse in Northern Ireland, the requirement to account for acquisition VAT is extinguished. Instead, VAT becomes due on the last supply made in warehouse. This is accounted for on the appropriate removal declaration – see paragraph 3.2.
Home produced	No	No VAT is due when the goods are removed from warehouse.
Home produced	Yes	Supply VAT is due on the last supply made in warehouse.

2.5 The VAT value of goods removed from UK tax warehouses

Normal VAT valuation rules apply if:

acquisition VAT is due on supplies into Northern Ireland from the EU — see the valuation rules in VAT on movements of goods between Northern Ireland and the EU
supply VAT is due — see the valuation rules in Notice 700 The VAT Guide

You must include any excise duty in the value.

3. Accounting for VAT on removals from tax warehouses

3.1 Responsibility for paying the VAT

VAT is due on the last supply of goods in the warehouse regime. It must be accounted for and paid (or deferred) when the goods are removed from the warehouse regime to home use (this is usually the point at which duty becomes payable on the goods).

VAT due on goods acquired in Northern Ireland from an EU member state is accounted for on the acquirer’s VAT return (form VAT 100) covering the period in which they are removed from the warehousing regime. If the acquirer is not registered for VAT in the UK, acquisition VAT is accounted for and paid (or deferred) using the removal document.

Any VAT due in respect of previously zero-rated services (see section 5) must be accounted for together with the VAT due on the relevant goods.

The person removing the goods from the tax warehouse is responsible for ensuring that the correct amount of VAT is paid at the time of entry to home use.

3.2 Removal documents

When goods are removed from an excise warehouse any VAT due should be accounted for as follows:

Product	Duty or VAT due	Immediate payment	Deferred payment
Alcoholic beverages	Excise duty and VAT	W5	W5D
Tobacco products	Excise duty and VAT	W6	W6D
Mineral oil products	Excise duty VAT	W50 W50	HO10 VAT908

For details of the reporting requirements for oils removed from warehouse see Notice 179 Motor and heating fuels: General information and accounting for Excise Duty and VAT.

For goods removed from registered premises or stores, the VAT is accounted for on these documents:

Product	Duty or VAT due	Immediate payment	Deferred payment
Beer	VAT	EX46(VAT)	EX46(VAT)
Cider, perry, wine and made wine	VAT	EX606(VAT)	EX606(VAT)
Tobacco products	Excise duty and VAT	TP7	TP7

Whether the goods are removed from an excise warehouse or registered premises or stores, there’s no requirement to separate the VAT due on the supply of goods from that due on the supply of services. Only a total is required.

But, a separate record of all zero-rated services received in warehouse will have to be kept by the recipient of these services.

3.3 Evidence for input tax deduction

You can reclaim VAT as input tax, subject to normal rules, as long as you hold evidence to support that entitlement. The owner of the goods whose liability it is to pay any VAT due on removal from warehouse will be issued with a certificate (C79) during the month after payment. This document is the official evidence needed to claim the VAT paid on warehouse removals as input tax.

Where a C79 is not received in time for you to complete your VAT return, you may use alternative evidence of removal or payment to claim input tax. If you do this you should ensure that when the C79 certificate is received, it agrees with the input tax previously claimed.

if the owner of the goods accounts for import VAT on their VAT return, they must ensure the appropriate information is recorded on the relevant release forms and retain a copy of these documents to account for import VAT on their VAT return.

Further information on how to complete these processes can be found in Excise Notice 179.

You must also avoid making a duplicate claim. If you remove goods on behalf of the owner using the owner’s VAT number but pay the VAT on the owner’s behalf, you will not receive an import VAT certificate. You must not use alternative evidence, as this is not your input tax, but you should charge the VAT you have paid as a disbursement to the owner.

3.4 Deficiencies of warehoused goods

Any deficiencies of warehoused goods are treated as though they have been removed from the warehousing regime. Where deficiencies of goods are charged with duty, VAT not already paid on those goods is also to be charged.

Any acquisition VAT on goods brought into Northern Ireland from an EU member state which has not been accounted for should be accounted for when deficiencies occur.

Deficiencies of home produced goods are not to be charged with VAT unless the goods have been supplied in warehouse before the loss. In each case, the VAT may be deducted as input tax, subject to the normal rules.

4. Removals of goods from a tax warehouse to a place outside the UK

4.1 Goods removed from a warehouse in Great Britain to a place outside the UK or from Northern Ireland to a place outside the UK and EU

If goods are removed from a tax warehouse you’ll not have to pay the VAT normally due on removal to home use if they are removed from:

Great Britain to a destination outside the UK
Northern Ireland to a destination outside the UK and EU

In such circumstances, either the person making the final supply in warehouse or the person removing the goods can zero rate that transaction as an export as long as certain conditions are met see Notice 703:goods exported from the UK. Liability to meet the zero rating conditions must be clearly established before the goods are delivered to avoid any doubt as to where responsibility lies.

4.1.1 Reporting requirements when removing goods

You must lodge a customs declaration. Find information on how to complete a customs declaration. You should also declare the value of the goods in box 6 of your VAT Return (unless you are transferring your own goods to a destination outside the UK from Great Britain or outside the UK and EU from Northern Ireland - see paragraph 4.1.2).

4.1.2 Removal of own goods

Transfer of own goods is not deemed to be a supply for VAT purposes and there is no requirement to declare the value of such goods as an output in box 6 of your VAT Return. But, if you’re the owner of goods in warehouse and you are removing those goods for export to a destination outside the UK and EU, proof of export must be retained to show that the goods have been transferred.

4.2 Good removed from a warehouse in Northern Ireland to a place in the EU

The following table provides an overview of the VAT implications when goods are removed from Northern Ireland to a place in the EU:

Where goods are removed from warehouse to	the VAT treatment is
A VAT-registered customer in an EU member state	You may zero rate a supply of goods to a customer who is VAT-registered in an EU country where the goods are moving outside the warehousing system, provided the conditions in the following guidance are met: VAT on movements of goods between Northern Ireland and the EU.
A tax warehouse in an EU member state	You may disregard, for UK VAT purposes, any supply of the goods provided you are removing them directly to a registered tax warehouse in an EU country.

4.2.1 Reporting requirements for goods removed from Northern Ireland to an EU member state

If you’re supplying a VAT-registered customer in an EU member state you must enter such supplies on an EC sales list covering the time of the removal and include them in box 8 of your VAT Return. If the value of your trade with EU member states exceeds a legally set threshold you will also be required to complete a supplementary declaration for intra-EU statistical purposes (Intrastat). These requirements must be met whether you are removing goods outside the warehousing system or under duty suspension to a warehouse in an EU country.

Full information on completing an EC sales list and a supplementary declaration is contained in VAT on movements of goods between Northern Ireland and the EU and Notice 60: Intrastat general guide.

4.2.2 Removals of own goods to destinations in EU member states from Northern Ireland

Transfer of own goods to an EU member state is deemed to be a supply for VAT purposes. Such supplies may be zero-rated (see paragraph 4.1) subject to meeting conditions set out in the following guidance: VAT on movements of goods between Northern Ireland and the EU.

4.2.3 Removals of own goods under duty suspension to a tax warehouse in an EU member state from Northern Ireland

Transfer of own goods in these circumstances are deemed to take place outside the UK and such transfers are disregarded for VAT purposes – see paragraph 4.1.

4.3 VAT treatment of drawback goods

UK duty paid excise goods which have been destroyed or removed to a destination outside the UK may be eligible for drawback (that is, a refund) of the duty paid. Detailed information on claiming drawback is contained in Notice 207 Excise Duty: drawback. The supply does not fall within a warehousing regime for VAT purposes where drawback is claimed because the goods in question are either:

removed from Northern Ireland to a VAT-registered customer in an EU member state (whether the goods go to a tax warehouse or not)
exported to a destination outside the UK from Great Britain
exported to a destination outside the UK and EU from Northern Ireland

But, such supplies may be zero-rated as long as the conditions in VAT on movements of goods between Northern Ireland and the EU (for removals to EU member states from Northern Ireland) or in Notice 703 VAT: Export of goods from the UK (for exports from the UK) are met.

5. Supplies of services in tax warehouses

5.1 Treatment of services associated with goods held in tax warehouses

Some services associated with goods held in tax warehouses can be relieved from VAT at the time they’re supplied. In certain circumstances VAT will become due on such services when the goods concerned are subsequently removed from the regime to home use. While this is intended to assist businesses we also recognise that some may prefer, for administrative purposes, to continue to have such services taxed at the time they’re supplied.

5.2 Services which may be zero-rated in tax warehouses

The services eligible for zero rating are restricted to those physical services that take place in the warehouse and are directly associated with the goods held in the warehouse. These will include those processes that create a new product, and others such as storage or secondary packaging. Charges made, for example, for brokerage, acting as an agent or for transport between warehouses in the UK are not eligible. Again, services exempt when supplied outside the warehouse remain exempt when supplied inside the warehouse.

5.3 How supplies of services may be relieved

(a) For the owner of the goods

If, as owner of the goods, any of the eligible services described in paragraph 5.2 (except the warehouse storage charges - see paragraph 5.4) are supplied to you by a third party, you may have the services zero-rated by the supplier. To do this you need to issue to the supplier a certificate, stating the goods are under duty suspension arrangements at the time the services are to be carried out (an example of such a certificate is shown at section 7.

(b) For the supplier of the service

Before you perform the service you might obtain from the owner of the goods a certificate as described in (a). If you do get such a certificate you should issue a VAT invoice to your customer in the usual way, and at the usual time, but VAT should be shown as zero-rated ‘in accordance with section 18C(1) VAT Act 1994’ and no VAT should be charged. The certificate you get from the owner should be kept with your records as it provides you with the evidence needed to support the zero rating of your supplies. If you do not get a certificate from the owner of the goods, you should issue your invoice in the usual way including VAT (as necessary) at the standard rate.

5.4 Warehouse storage charges

The certificate mentioned in paragraph 5.3 is not required for warehouse keepers’ storage charges. Such supplies of services are normally automatically zero-rated. The invoice that is to be issued by the warehouse keeper to enable zero rating should include the words ‘in accordance with section 18C(1) VAT Act 1994’ and no VAT should be charged. If, as the owner of the goods, you decide you want the storage standard-rated, you should notify the warehouse keeper of this in writing. The warehouse keeper will then issue an invoice and include VAT at the standard rate.

5.5 Subsequent taxation of previously zero-rated services

(a) When tax will be due

Services which are zero-rated at the time of supply will subsequently be taxed either when the goods with which they are associated are removed from the warehousing regime to home use, or at the duty point, in the following circumstances:

when the service has not created new goods (see paragraph 5.6)
when the goods themselves have not been the subject of a supply (whilst still warehoused) after the service was provided

(b) When tax will not be due

Services will not be subsequently taxed on removal of the relevant goods in the following situations:

the service creates new goods
the goods are:
- supplied (whilst still warehoused) after the service was provided
- exported under duty suspension arrangements directly from the warehouse to outside Great Britain or- if the goods are in Northern Ireland they are exported to a non-EU country
- sent under duty suspension arrangements from Northern Ireland to a tax warehouse in an EU member state

5.6 Services that change the nature of the product and create new UK product

Some services or processes applied to existing goods can change their nature to the extent that a new product is considered to have been created (for example, refining crude oil into motor spirit). The new product is then treated as having been produced in the UK. A list of processes undertaken in tax warehouses which are regarded as creating new UK product can be found in section 6. In addition to these processes, a new product is created when home-produced goods in Northern Ireland are mixed or blended with Community and non-Community goods from outside the UK resulting in the original goods losing their identity.

If the original goods were acquired or supplied before processing, any VAT that would have been due on the goods if they had not been processed is extinguished.

5.7 Treatment of services that create new UK product

If a service is carried out on goods, whether supplied or home produced and the service changes the nature of the product, no VAT is due in respect of that service. This is because the goods upon which the process has been carried out have ceased to exist and therefore can never be removed from the warehouse. VAT will only be due if the new goods are subsequently supplied or have a further service carried out on them that does not create new UK product (for example, secondary packaging).

6. List of processes that change the character of goods held in a tax warehouse

The following processes change the character of goods and create a new UK product when they are performed in a tax warehouse.

Excise Warehouse

Alcoholic liquids

fortifying made-wine
fortifying wine
mixing beer or wine with made-wine to produce made-wine
producing beverages or foodstuffs of low alcoholic strength qualifying for duty relief
rectifying and compounding spirits
‘rendering’ made-wine sparkling (that is, aerating or carbonating made-wine)
the maturation and processing of plain spirits until they can legally be defined as whisky
the blending or marrying of different whiskies

Registered Premises

Beer, Wine, Cider and Perry

blending
mixing (including making shandy and low alcohol drinks)
dilution
pasteurisation
carbonation
sterile filtration
de-alcoholisation
fortification
the fermentation and processing of fresh grapes, or the must of fresh grapes, until they can legally be defined as wine
rendering wine sparkling, including disgorging
rendering cider sparkling

Mineral Oil production plant

Refining processes including

synthesis (chemical refineries where hydrocarbon oil is produced as a by-product of the plant process)
oil to oil (oil refineries where crude and other feedstock is processed to produce a range of hydrocarbon products)

Examples of specific processes which constitute refining can be found in Notice 179 Motor and Heating Fuels: general information and Accounting for Excise Duty and VAT.

Tobacco manufacturing

Cigarettes

leaf to rag
rag to cigarette

Hand rolling tobacco

leaf to finished product

Pipe tobacco

leaf to blended and flavoured rag (prior to pressing)
blended and flavoured rag (prior to pressing) to finished product

Cigars

leaf to filler
filler to cigar

7. Zero rating of services (other than the supply of warehousing) performed within a tax warehouse

Section 7 has force of law.

(Referred to in paragraph 5.3(a).)

Information to be indicated:

I …………………………………………. (full name)

…………………………………… (status in company)

Of ……………………………………………….. (name and address of company)

declare that the goods shown below are subject to a warehousing regime at the place indicated below:

description of goods
quantity of goods
warehouse stock number
name and address of warehouse
authorisation number of the relevant warehouse keeper or warehouse

and that the following services are to be performed on the goods in the warehouse:

I certify that the supply of services is eligible to be zero-rated for VAT purposes under section 18 C (1) of the VAT Act 1994.

…………………………………………….. (signature)

…………………………………… (date)

Note: You should be aware that there are severe penalties for making a false declaration. If there is any doubt about a supply being entitled to zero rating you should consult the HMRC VAT Helpline before signing and giving the certificate.

A copy of the certificate should be filed with the suppliers’ invoice which should refer to s18 C (1) of the VAT Act 1994 to be eligible for zero rating.

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Tax warehousing (VAT Notice 702/10)

Detail

1.Overview

1.1 Information in this notice

1.2 The law covering this notice

1.3 What a tax warehouse is

1.4 Warehouse keeper’s responsibilities

1.5 The legal status of this notice

2. Trading in a tax warehouse

2.1 Registration for VAT

2.2 VAT implications of placing goods in a tax warehouse

2.3 Supplies in a tax warehouse of home produced goods

2.4 VAT due on removals from tax warehouses

2.5 The VAT value of goods removed from UK tax warehouses

3. Accounting for VAT on removals from tax warehouses

3.1 Responsibility for paying the VAT

3.2 Removal documents

3.3 Evidence for input tax deduction

3.4 Deficiencies of warehoused goods

4. Removals of goods from a tax warehouse to a place outside the UK

4.1 Goods removed from a warehouse in Great Britain to a place outside the UK or from Northern Ireland to a place outside the UK and EU

4.1.1 Reporting requirements when removing goods

4.1.2 Removal of own goods

4.2 Good removed from a warehouse in Northern Ireland to a place in the EU

4.2.1 Reporting requirements for goods removed from Northern Ireland to an EU member state

4.2.2 Removals of own goods to destinations in EU member states from Northern Ireland

4.2.3 Removals of own goods under duty suspension to a tax warehouse in an EU member state from Northern Ireland

4.3 VAT treatment of drawback goods

5. Supplies of services in tax warehouses

5.1 Treatment of services associated with goods held in tax warehouses

5.2 Services which may be zero-rated in tax warehouses

5.3 How supplies of services may be relieved

(a) For the owner of the goods

(b) For the supplier of the service

5.4 Warehouse storage charges

5.5 Subsequent taxation of previously zero-rated services

(a) When tax will be due

(b) When tax will not be due

5.6 Services that change the nature of the product and create new UK product

5.7 Treatment of services that create new UK product

6. List of processes that change the character of goods held in a tax warehouse

Excise Warehouse

Alcoholic liquids

Registered Premises

Beer, Wine, Cider and Perry

Mineral Oil production plant

Refining processes including

Tobacco manufacturing

Cigarettes

Hand rolling tobacco

Pipe tobacco

Cigars

7. Zero rating of services (other than the supply of warehousing) performed within a tax warehouse

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