Intrastat General Guide

Foreword

This notice cancels and replaces Notice 60 (April 2012). Details of any changes to the previous version can be found in paragraph 1.2 of this notice.

1.Introduction

1.1 What is this notice about?

This notice provides a general guide to Intrastat for businesses trading in goods with other Member States of the European Union (EU).

It contains detailed instructions on the arrangements for providing the information required, including areas where special arrangements apply.

1.2 What’s changed?

It is expected that Croatia will be joining the EU from 1 July 2013. This will mean that you need to include any goods dispatched to or arriving from Croatia from this date onwards on your Supplementary Declarations (see paragraphs 2.5 and 6.1).

Paragraph 20.1 has been amended to reflect that the threshold for using the low value consignment simplification procedure will be £160 from 1 January 2013.

1.3 Who should read it?

You should read this notice if you are involved in the movement of goods between EU Member States and are liable to submit Intrastat Supplementary Declarations.

1.4 How do I get more information?

This notice provides general guidelines and information on some special arrangements. If you cannot find the answer to your problem here, you can call the Helpline on 0845 010 9000 in the first instance.

Information about Intrastat is also available from our website, go to the uktradeinfo website or the main HMRC site. If you would like early notification of news about Intrastat, including any changes or detailed Information Sheets about particular subjects, you can subscribe to our free email alert service, uktradealert, see Section 23. Otherwise you can write to us at:

HM Revenue & Customs
uktradeinfo Customer Services (Intrastat)
3rd floor
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex
SS99 1AA

2.Intrastat

2.1 What is Intrastat?

Intrastat is the name given to the system for collecting statistics on the trade in goods between European Union (EU) Member States.

It has been operating since 1 January 1993 and replaced customs declarations as the source of trade statistics within the EU. The requirements of Intrastat are similar in all EU Member States.

Intra-EU trade statistics are compiled from information provided by those businesses required to provide Intrastat declarations and estimations made using information on the VAT Return (see paragraph 2.3).

Please note the following:

• the supply of services is excluded from Intrastat
• you must not include the supply of services in boxes 8 and 9 of the VAT Return
• only movements which represent physical trade in goods (but see Section 16) are covered by Intrastat, although there are some movements that are excluded (see paragraph 5.4)
• the close link with the VAT system is an essential feature in complying with Intrastat and also provides a means of checking the information supplied

2.2 Why is Intrastat important?

The information collected by the Intrastat system is a key component for Balance of Payments (BOP) and National Accounts (NA) data, which is regarded as an important economic indicator of the UK's performance.

The Office for National Statistics (ONS) uses the monthly trade in goods figures we have collected together with the trade in services survey to produce the BOP and NA figures.

The Bank of England uses monthly trade data as part of its key indicators for gauging the state of the UK and world economic environment to set interest rates each month.

Government departments use the statistics to help set overall trade policy and generate initiatives on new trade areas.

Beyond the UK, trade statistics data are used by the EU to set trade policy and inform decisions made by such institutions as the European Central Bank, the United Nations and the International Monetary Fund.

The commercial world uses statistics to assess markets both within the UK (for example, to gauge import penetration) and externally (for example, to establish new markets for its goods).

2.3 Who has to provide Intrastat information?

All VAT registered businesses must complete two boxes (8 and 9) on their VAT Return showing the total value of any goods supplied to VAT registered customers in other EU Member States (known as dispatches) and the total value of any goods acquired from VAT registered suppliers in other EU Member States (known as arrivals).

In addition to this, larger VAT registered businesses must supply further information each month on their trade in goods with other EU Member States.

If you dispatch goods to other EU Member States or receive arrivals of goods from other Member States with a value exceeding a legally set threshold (see paragraph 3.1), then you must submit the additional information. To do this you use a form known as an Intrastat Supplementary Declaration (SD), which you need to submit electronically.

The thresholds are reviewed annually, with any change normally announced towards the end of the preceding year. Changes will only apply from the beginning of a calendar year and you must make sure that you operate according to the threshold level currently set. For further information on the rules for submitting Intrastat see Section 3.

Businesses not registered for VAT and private individuals who move goods within the EU have no obligations under the Intrastat system. Note see Section 11 for an explanation of the treatment of trade by VAT registered businesses with private individuals or non-VAT registered businesses.

2.4 Definition of the UK for statistical purposes

For Intrastat purposes the term UK means the United Kingdom of Great Britain and Northern Ireland, its territorial waters and the UK Continental Shelf.

You must only declare for Intrastat those goods which move between the UK and another EU Member State, or its territorial waters or Continental Shelf waters.

Any sector of the North Sea/Continental Shelf allocated to a Member State is deemed to be part of that state for statistical purposes. Therefore, movements of goods between the UK (including the UK Continental Shelf) and other EU Member States or their Continental Shelves must be included in SDs.

For statistical purposes the UK includes the Channel Islands and the Isle of Man, so goods moving between the Islands and the mainland must not be declared. Special arrangements have been made to collect data on trade between the Channel Islands and EU Member States other than the UK, eliminating the need for such trade to be entered on SDs.

If you are VAT-registered in the Isle of Man you must send your SDs to the Isle of Man’s Customs & Excise in Douglas. Arrangements are in place to allow agents acting on behalf of Isle of Man businesses to send their declarations direct to us.

Information on these arrangements can be obtained from the Isle of Man Customs via email or phone: 01624 648100.

2.5 Statistical territories of the EU

A list of EU Member States and associated or dependent territories which are included for Intrastat purposes:

Notes

1 These country codes must be used for Intrastat purposes only. The appropriate codes for EC Sales Lists can be found in VAT Notice 725 The single market, go to the HMRC website or phone the Helpline on 0845 010 9000.

2 The French territories of French Guiana (GF), Guadeloupe (GP), Martinique (MQ) and Reunion (RE) are part of the statistical territory of France. The Canary Islands (IC) are part of the statistical territory of Spain. Livigno (IT) is part of the statistical territory of Italy. However, because customs documentation (the SAD) is still required for exports to or imports from these territories we continue to collect trade statistics from the SAD.

The information must not be declared on an Intrastat SD. This will avoid duplication of effort for businesses trading with these territories and prevent the data being declared twice.

The individual country codes (shown above in brackets) must be used on the SAD for exports to and imports from these territories.

In the published trade statistics, trade involving these territories will be included with that of France, Spain and Italy as appropriate. This is automatically produced within our systems.

3 The EU acquis (the body of European Law) is currently only applicable in the Government Controlled Area of the Republic of Cyprus.

4 Supplies to UK Sovereign Base Areas must be shown with the partner country CY.

Note Andorra and Liechtenstein are both outside the customs territory (and therefore the statistical territory) of the EU.

2.6 What is not covered by this notice?

This notice is for businesses that trade with other Member States in the EU and are required to supply Intrastat Supplementary Declarations (SDs).

It does not cover:

• Goods which are being imported from or exported to countries outside the territory of the EU (for which SADs or the electronic equivalent (for example, NES) continue to be required).
• The supply of services other than those which are an integral part of a contract for the supply of goods, (that is, freight and insurance charges directly related to a particular supply) but see Section 9 for goods undergoing process and paragraph 21.1 for goods supplied for installation and assembly.
• The completion of the EU trade totals boxes on the VAT Return. This information is in Notice 700/12 Filling in your VAT Return.
• The EC Sales List (ESL), details of which are in Notice 725 The single market.
• Import or export procedures such as licensing requirements.

2.7 Which regulations provide the legal basis for Intrastat?

The following EU Regulations provide the legal basis for Intrastat, and have force of law throughout the EU.

EC No. 638/2004 Council Regulation (dated 7/4/2004) - Official Journal Ref L102/1

As amended by:

EC No. 222/2009 (31/03/09) - Official Journal Ref L87

EC No. 1982/2004 Commission Implementing Regulation (18/11/2004) - Official Journal Ref L343

As amended by:

EC No. 1915/2005 (20/11/2005) - Official Journal Ref L307/8
EU No. 91/2010 (02/02/10) - Official Journal Ref L31
EU No. 96/2010 (04/02/10) - Official Journal Ref L34

Copies of these regulations can be downloaded from Access to European Union law.

The principal Statutory Instrument (SI) enabling regulation, which provides powers to HMRC to manage Intrastat in the UK is:

SI 1992 No. 2790 The Statistics of Trade (Customs and Excise) Regulations 1992

As amended by:

SI 1993 No. 3015, SI 1997 No. 2864, SI 2000 No. 3227, SI 2004 No. 3284, SI 2006 No. 3216, SI 2008 No. 2847, SI 2009 No. 2974 and SI 2012 No. 532.

Copies of these Statutory Instruments can be downloaded from www.legislation.gov.uk.

3. Information on submitting Supplementary Declarations (SDs)

3.1 What are the thresholds for submitting SDs?

The exemption thresholds:

• the threshold for Arrivals is currently £600,000
• the threshold for Dispatches is currently £250,000

The rules for submitting SDs are explained in paragraph 3.2.

Exemption threshold information for previous years can be found in an Information Sheet 'Intrastat thresholds (1993-to date)' available on the uktradeinfo website (see also paragraph 21.9).

3.2 What are the rules for submitting SDs?

The threshold applies on a calendar year basis, that is, January to December. Once you have exceeded the threshold you must continue to submit SDs until the end of the calendar year.

These provisions apply separately to arrivals and dispatches (see paragraph 3.1 for current thresholds). If your business exceeds the threshold for arrivals of goods, but not for dispatches, you only have to complete SDs for arrivals. If your dispatches (and not your arrivals) exceed the threshold, you only have to include dispatches on your SDs. If both arrivals and dispatches exceed the threshold, SDs must be submitted for both.

Once you have established that you have exceeded the threshold for arrivals or dispatches you must contact the Intrastat Enquiries Team (intrastatenquiries@hmrc.gsi.gov.uk), stating the month in which you exceeded the threshold and whether it was for arrivals, dispatches, or both. We will confirm the start date and advise you of any special arrangements.

At the end of each year your obligation can change. This will depend on whether or not your EU trade for the calendar year just ending has exceeded the threshold set for the following year. If it has exceeded this threshold you must supply SDs throughout the following calendar year.

For example:

• the arrivals threshold for 2012 is set at £600,000
• a business exceeds the threshold in October 2012 and starts submitting arrivals SDs from 1 October 2012
• the arrivals threshold for 2013 remains at £600,000
• the businesses trade is above the arrivals threshold set for 2013 at the end of December 2012, therefore the business must continue to submit arrivals SDs throughout 2013

Any change in the threshold, (usually announced towards the end of the year), does not affect your obligation to continue submitting SDs for the current year. So, if the value of your EU trade in any calendar year falls below the threshold, you must continue to supply SDs to the end of that calendar year.

If you are not required to provide SDs at the start of the year, you must continue to monitor your trade. If, at the end of a particular month, the cumulative value of your EU trade from 1 January for either arrivals or dispatches exceeds the threshold, you must submit SDs for the rest of the calendar year. This will include the month in which you reach the threshold.

For example, a business whose cumulative total of arrivals during 2013 exceeds £600,000 in April would need to complete arrivals SDs from April to December 2013.

These rules apply equally to businesses whose EU trade expands to exceed the threshold, to those who start to undertake EU trade for the first time and to those who are newly registered for VAT.

It is your responsibility to monitor your EU trade to determine when you have to submit Supplementary Declarations. We will also be monitoring the value of your EU trade and will write to you from time to time to check that our records agree.

In assessing the value of your trade you must not include any Excise Duty payable.

When calculating if you have exceeded the Intrastat threshold, remember that the value of goods involved in processing, moving between the UK and other EU Member States, and the value of goods supplied to or received from private individuals, is included in EU trade totals.

When a VAT registered business is sold to a new owner the obligation to submit an SD may change, (typically where a company changes ownership), unless the person running the business remains the same after the sale as before. This is because the obligation to provide information is oriented around the particular person who concluded a relevant contract for the delivery or dispatch of goods. The SD requirement cuts in where the value of such contracts in a given 12 month period exceeds the threshold for the time being in force. So, where businesses are sold and a new owner takes on the running of the business, they will only have an obligation to submit an SD if they have exceeded the threshold in their own right.

If you have no EU trade during a particular period the law does not require you to submit a ‘nil’ return. However, we encourage you to submit ‘nil’ returns because this prevents unnecessary queries.

3.3 Delivery terms information

If your trade (either Arrivals or Dispatches) exceeds the delivery terms threshold you must provide additional delivery terms information on your SDs.

The delivery terms threshold for both Arrivals and Dispatches is currently £16,000,000.

If you exceed the threshold for arrivals (of goods), but not for dispatches, delivery terms must be provided for arrivals only.

If you exceed the threshold for the dispatch (of goods), but not for arrivals, delivery terms must be provided for dispatches only.

Unlike the exemption threshold, if you reach this second threshold during the calendar year, you do not have to start submitting delivery terms data until 1 January of the next calendar year and only then if your arrivals and, or dispatches remain above the new threshold set for the following year.

Delivery terms threshold information for previous years can be found in an Information Sheet 'Intrastat thresholds (1993-to date)', go to the uktradeinfo website (see also paragraph 21.9).

3.4 What happens if I fail to submit SDs or they are inaccurate?

You could be liable to penalties if your SDs are persistently late, missing, inaccurate, incomplete or where only part of a month’s EU trade is declared. However, penalties are seen as a last resort. We can provide help on the completion of the Intrastat forms if you are experiencing difficulties.

The penalty regime is a criminal one and could result in proceedings in a magistrates court. This could lead to a maximum fine of £2,500 being imposed for each offence.

However, there could be the opportunity to ‘compound’ any proceedings which involves the offer of an administrative fine in lieu of any Court proceedings. If this happens a fine of a minimum of £250 would be applied for each offence, (each declaration is considered one offence).

You must pay any administrative fines electronically by Bacs or CHAPs, using Citi Bank Account No: 12000903 and Sort Code: 08 32 00, using IP followed by your VAT number as the reference (for example, IP 123 4567 89). If this method poses any difficulty please contact the Intrastat Penalty Team on 01702 367485.

Payment of a compound penalty does not absolve you from your legal obligation to submit the SDs for the periods covered by the penalty.

4.How to provide Supplementary Declarations (SDs)

4.1 Submitting your declarations

There are two ways of submitting Intrastat declarations:

• via the internet, see paragraph 4.2
• using Electronic Data Interchange (EDI), see paragraph 4.3

4.2 Via the internet

This is available to all Intrastat businesses, branches of companies submitting data independently of their head office, and agents submitting on behalf of Intrastat businesses.

The secure system is accessed by username and password via either the HMRC or uktradeinfo websites and there are two methods of completion:

• By keying data directly onto an online form.
• By an offline option using a CSV (Comma Separated Variable) file. Preparing a CSV file is easy or you can use our pre-prepared Excel spreadsheet (Generator Tool).

Both methods are submitted via the HMRC system. Validation checks are carried out on all mandatory fields during completion or submission and any errors found are identified for correction.

Only valid data can be transmitted. For more information or to sign up, go to the uktradeinfo website.

Alternatively please contact:

HM Revenue & Customs
Intrastat Online Customer Services
3rd floor, NE
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex
SS99 1AA

Phone 01702 367248
Fax 01702 366488

Email Intrastat online

4.3 Electronic Data Interchange (EDI)

We have a facility to receive data in the EDIFACT Standard (an International Standard used for all our EDI). Conversion of data to the EDIFACT Standard can be made in-house using our Technical Interface Specification (TIS) and is available on the uktradeinfo website. Commercial software packages can also be purchased.

Data in the EDIFACT Standard is transmitted by email attachment.

Before submitting your declarations using the EDIFACT Standard we recommend that a test transmission is sent to edcs@edcsdata.hmce.gov.uk

Details of how to arrange a test transmission are explained in our Technical Interface Specification.

For more information on EDIFACT contact:

HM Revenue & Customs
ECU, Trade Statistics
3rd floor, NE
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex
SS99 1AA

Phone 01702 367167/01702 367925
Fax 01702 366488
Email ECU

4.4 When must I submit my declaration (due date)?

Intrastat declarations must be submitted on a monthly basis.

Complete and accurate declarations must be received by the 21st day of the month following the reference period to which they relate.

For example, declarations for the March period must be received by the 21st of April. The reference period is normally a calendar month. If you use non-standard VAT periods (see paragraph 4.5 d.), the time limit operates from the end of the special period. For more information on reference periods see paragraph 5.5.

Declarations must be made for all goods covered by the reference period, even if no invoice has been received.

It is important that you comply with this time limit. Failure to do so could make you liable to legal proceedings, (see paragraph 3.4).

4.5 Other questions answered

5. What information is required?

5.1 How is the information compiled?

Wherever possible, Intrastat requirements align with VAT requirements. For example, the value to be declared for Intrastat is normally the invoice or contract price (exclusive of VAT), as used for VAT purposes. This allows the integration of Intrastat records with normal business VAT records, thus minimising the overall burden.

However, although Excise Duty is included on the VAT Return values, it is not included in the value declared on the SD. Intrastat requires that you declare the value of the goods only (see paragraph 6.1 - Value). Therefore, if the total value of your arrivals or dispatches trade, excluding Excise Duty, is below the Intrastat threshold, you are not required to submit Intrastat supplementary declarations.

5.2 Who is responsible for declaring a movement of goods?

The legal entity responsible for declaring the goods movement in the UK is the one who concluded the contract (with the exception of the freight contract) giving rise to the movement of the goods into or out of the country.

However, in cases when a business which concluded a contract giving rise to the movement of the goods is unable to provide the data required, because of the way the goods are traded (for example electricity), the business which actually transfers the goods across the frontier will be responsible for making the declaration.

If the legal entity which concluded the contract is not resident in the UK, then responsibility rests with the entity which arranged for the physical dispatch of the goods, or takes physical possession of goods which have arrived in the UK (for example a warehouse keeper).

This information is covered in greater detail in Regulation (EC) No. 638/2004, Article 7 (as amended by Regulation (EC) No 222/2009), which provides the legal basis for the responsibility for declaration.

In nearly all cases the legal entity responsible is the VAT-registered business that is able to zero-rate the supply to a business in another EU Member State (for dispatches) or is liable to account for VAT on the acquisition of the goods (for arrivals). Where fiscal agents are responsible for VAT declarations, they are also responsible for the SD.

5.3 Which goods are included?

You must report goods which have moved between the UK and another EU Member State by way of trade.

This includes goods:

• Bought and sold.
• Transferred within the same legal entity.
• Sent for or returned after processing.
• Supplied as part of a contract for services (but see paragraph 21.1).
• To be installed or used in construction.
• Supplied free of charge (but see paragraph 5.4).
• On long term hire, loan or operational lease (see Section 19).
• Lost or destroyed. If goods dispatched from the UK are lost or destroyed in transit they must be recorded on the supplementary declarations. This does not apply to arrivals.

5.4 Which goods are excluded?

There are certain circumstances where movements of goods are excluded from Intrastat.

These mainly concern:

• Movements not by way of trade (for example personal goods such as travel luggage, items involved in moving house or ballast).
• Goods in transit including goods which are in transit through the UK. This applies even when there are stops or temporary storage, provided that these are for transport reasons (see paragraph 10.2).
• Certain purely temporary movements where the goods are to be returned to the original EU country within two years and there is to be no change of ownership (see paragraph 10.1).
• Monetary gold (see paragraph 21.8 i).
• Means of payment which are legal tender and securities, including means which are payments for services such as postage, taxes, user fees (see paragraph 21.8 j).
• Goods moving between the UK and its territorial enclaves (for example embassies, armed forces bases) in another Member State or moving within the UK to an enclave of another Member State (see paragraph 21.2).
• Goods used as carriers of customised information, including software (see Section 13).
• Software downloaded from the internet (see Section 13).
• Commercial samples and advertising material provided free of charge (see paragraph 21.8g and a more detailed explanation of commercial samples and advertising material can be found in the Intrastat Information Sheets available on the uktradeinfo website).
• Goods sent for or returned after repair (see Section 9).
• Means of transport travelling in the course of their work, including spacecraft launchers at the time of launching (see paragraph 21.8 k).
• Newspapers and periodicals supplied under direct subscription (see paragraph 21.8 p).

5.5 Reference period

Goods must be included on the SD in either:

• the calendar month during which they arrive in, or are dispatched from the UK
• or the calendar month of the VAT tax point

You can choose which method will best allow you to meet the accuracy and timeliness requirements of the Intrastat system, but you must use the same method each month.

5.6 Exchange rates

You must declare the value of goods on your SD in sterling. The exchange rate used for VAT purposes is acceptable and can be the UK selling rate published in national newspapers, banks or the period rate published by HMRC, available at www.uktradeinfo.com or www.hmrc.gov.uk or from the Helpline on 0845 010 9000.

If you wish to use a rate for VAT purposes which you use for commercial purposes, you must make sure that this is acceptable to HMRC by applying in writing to:

HM Revenue & Customs
VAT Written Enquiries Team
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex
SS99 1BD

The exchange rate on the date of settling a supplier's invoice, forward rates, or rates derived from forward rates are not acceptable as they do not represent an actual verifiable exchange rate and are purely speculative.

Further information on acceptable exchange rates is available in VAT Notices 700 The VAT Guide and 725 The single market.

5.7 Goods of unknown value

Due to the manner in which certain goods are traded, a value sometimes cannot be established at the time you need to submit your Intrastat declaration. In such cases, you can contact uktradeinfo (or write to the address in paragraph 1.4) and we may be able to authorise you to use a ‘best estimate’ of value. However, you must not use such a procedure without prior written approval.

Once you know the true value you will need to amend the original SD, as described in paragraph 6.3, unless the amount involved is less than the thresholds for providing amendments, (see paragraph 6.3).

Any delay caused by processing and reconciliation of invoices within your own organisation is not a valid reason for using a ‘best estimate’.

Detailed methods of establishing a value can be found in Chapter 3 of the Community Customs Code (Council Regulation (EEC) No 2913/92 Official Journal Ref No L302), which can be downloaded from Access to European Union law.

5.8 How do I classify my goods?

Commodity codes are used to classify goods.

We produce a comprehensive and fully searchable online directory of commodity codes, known as the Intrastat Classification Nomenclature (ICN). The ICN online is available, free of charge on our uktradeinfo website.

Further help on classifying your goods can also be found in Notice 600 Classifying your Imports and Exports. This Notice is available on the HMRC website and various classification guides are available on www.gov.uk

If, after studying the ICN and seeking help from other sources such as a Trade Association or a Chamber of Commerce, you remain unsure of the classification of goods, you can obtain verbal guidance via the Tariff Classification Helpline on 01702 366077. Helpline staff can assist with classification problems, but the responsibility to classify the goods rests with you.

5.9 Ancillary Cost Survey

The value declared on the SD is normally that used for VAT. This value will not be on a consistent basis as the delivery terms of contracts vary greatly, ranging from ex-works to fully delivered. Factors are programmed into our system to adjust individually declared values to the standard bases of value required by EU legislation for statistical purposes.

In order to produce and update these adjustment factors, we need to seek information on freight, transport and insurance costs.

To help us in this, you could occasionally be asked to provide details of costs incurred for a limited number of transactions, usually for no more than six lines of trade.

Response to the Ancillary Cost Survey is voluntary. However, your assistance in this area will enhance the integrity of the UK intra-EU trade statistics.

Once you have satisfactorily completed an Ancillary Costs Survey sample form, you will not be asked to take part again for at least 12 months.

6.How to complete a Supplementary Declaration (SD)

6.1 What information is entered on the SD?

This section explains how to complete the data fields on an Intrastat SD.

Important points to note:

• Arrivals and dispatches must be submitted separately.
• Depending on the electronic option you use to input your declaration, you may be required to provide some additional information (‘Header Information’) each time you submit, such as your VAT number or branch ID. For example, if you use the online form, the Header Information is already there for you. If you submit via CSV file then you will need to input the Header. (For information on electronic submission see Section 4).

Delivery terms codes DAF, DES, DDU have been replaced by DAP and DEQ has been replaced by DAT.

These are only brief descriptions of the delivery terms accepted for Intrastat. Full details can be found in the ‘International Chamber of Commerce official rules for the interpretation of trade terms’. ICC publication No. 560. ISBN 92 842 1199 9, go to International Chamber of Commerce (ICC) Business Bookstore.

Examples:

• if the terms of your supplier’s invoice are FOB, then you must only include the value of the goods and the costs involved in transporting them from the supplier to the port or airport of final dispatch to the UK on your SD
• if you are the supplier and the terms of your invoice are DDP, you must include the value of the goods and all the costs incurred in delivering the goods to a named place in the Member State of destination.

Nature of Transaction Code

A Nature of Transaction Code (NoTC) is used to indicate the type of transaction which is being declared on the SD. For example straight forward sales or acquisitions, goods sent for processing or free-of-charge goods.

The NoTC will normally only comprise one digit and a zero (for example NoTC 10, 40 and 50).

However, a second optional digit can be used to help you reconcile your Intrastat and VAT accounts, explaining anomalies which otherwise might result in enquiries from us (for example NoTC 16, 18 and 97). Use of this second additional digit information is not mandatory.

So, for example, the two digit combination of '26' or '60' will not be accepted by our systems.

1. NoTC first digit

This section provides details of what NoTC first digit must be used to identify specific types of transactions.

*NoTC first digits 2, 4 and 5 identify a transaction which are not shown in box 8 or 9 of the VAT Return.

2. NoTC second digit

In most cases the second digit will be a zero. However, there are circumstances when the use of further optional second digit information can be used to explain differences between VAT and Intrastat reporting (this is explained in more detail in Section 7).

6.2 What if I have omitted a transaction from a previous SD?

Via the internet

If you find that you have omitted transactions from a previous period, you must provide an additional SD, entering in the 'period' box the month and year in which the movements of the goods actually occurred (see paragraph 5.5).

If you discover that you have omitted a transaction, it must be declared at the earliest opportunity. Do not wait until the following period to declare the omission.

EDI transmissions

You can include data from previous periods providing you have set up the message header in accordance with the requirements in the Technical Interface Specification. You must declare the omission as soon as possible.

6.3 How do I correct an error on a previous SD?

No action is required on genuine errors relating to commodity code, value, country from/to or goods declared in an incorrect period unless:

• the value of an error on a single data line exceeds £5,000; or
• the total value of all the errors on a single SD exceeds £50,000

If you have made an error on a previous transmission, you need to make your amendment online.

The online amendment form is available in the Intrastat section of the uktradeinfo website.

7.Reconciling VAT and statistical declarations

7.1 Should Supplementary Declaration totals agree with VAT Return figures?

Normally the figures you declare on your VAT Return for EU supplies and acquisitions of goods will agree with the totals of the values you declare on your SDs. It is a basic principle of Intrastat that the VAT figures are used as control totals, providing a check that SDs are complete and accurate.

However, there are times when the two will not agree because of the different reporting requirements of the two systems. We may query differences between the two sets of figures and visiting officers will ask you to explain any differences when they visit to check your declarations.

We have devised a system which will allow you to account for these differences and although not mandatory, its use can reduce the number of reconciliation queries, saving both your time and ours.

The system involves the use of the second digit of the NoTC (see paragraph 6.1). These codes must only be used in the circumstances described in paragraphs 7.2, 7.3 and 7.4.

A brief outline of the system is as follows:

• A minus figure (typically used in the case of credit notes) is indicated by a 6 as the second digit of the NoTC. (There is no provision for negative figures on the SD.)
• A first digit of the code 2 (returned goods), 4 (goods sent for process) 5 (goods returned following process), identifies the transaction as one which must not be declared for VAT, in whole or in part.
• Where other codes are appropriate, or the VAT declaration has to be made at a different time, the second digit code 7 can be used to indicate that there is no corresponding VAT declaration.
• Code 8 as the second digit, with a value, indicates a transaction which at that time, must be declared for VAT but not for statistics. The entry on the supplementary declaration is for reconciliation purposes only.
• Our systems take the above codings into account when comparing the two sets of figures.

7.2 How do I deal with credit notes and retrospective discounts?

Credit notes - goods not returned

Credit notes reduce VAT Return totals. There is no provision for negative figures on the SD. Credit note details can be included on the SD as an adjusting figure, either individually or as a period total. The appropriate first digit of the NoTC is quoted (in the majority of cases this would be 1), followed by second digit 6, together with the value of the credit. The other boxes on the line of the declaration need not be completed (however, if you submit your data by EDI you will need to complete the SD in full).

Our computer recognises the 6 as indicating a minus value when comparing SD and VAT Return figures.

Remember that the credit note system must not be used to correct value errors in previous records. (Procedures for error correction are explained in paragraph 6.3.)

Goods returned for credit

Two actions are required here. Firstly, goods returned for credit must be recorded on your SD as a movement of goods in the normal way. However, returned goods must not be shown on your VAT Return. To make the reconciliation at this stage you must show NoTC 2 as the first digit (returned goods), followed by code 0.

Secondly, when you enter the credit note in your VAT records you can then follow the procedure outlined in the first paragraph of 7.2 using NoTC second digit 6.

Example:

Goods are dispatched to France in July and the sales invoice is issued immediately. The goods are found to be the wrong size and are returned in August. A credit note is issued covering the full invoiced amount.

On the VAT Return the credit note would reduce the box 8 total. SDs would be completed as follows:

July -

Dispatches SD with full details as per sales invoice. NoTC 10 would be shown.

August -

Step 1 - Arrivals SD, (if you are above the threshold for arrivals), giving full details of the returned goods and quoting NoTC 20. (If you are not over the threshold for arrivals, no declaration is required).

Step 2 - Dispatches SD showing the value of the credit note and quoting the NoTC 16 only (Note: complete all other boxes if submitting by EDI).

Our systems ignore the code 20 when comparing SD and VAT Return figures (because returned goods must not be included in box 8 or 9).

Credit note details must be entered in your records for the period in which the credit note was received.

A more detailed Information Sheet on ‘Credit Notes’ is available on the uktradeinfo website (see paragraph 21.9).

Retrospective discounts

Retrospective discounts must only be included if you know that such transactions are going to apply. See also prompt settlement discount (paragraph 21.8 d).

7.3 How do I deal with transactions which must be included on a Supplementary Declaration but not included in boxes 8 and 9 of the VAT Return?

Typical examples of such transactions are:

• goods sent for processing
• returned or replacement goods
• goods supplied as an integral part of a supply of services

For the most part, these transaction types are identifiable from the FIRST digit of the NoTCs, 2, 4 and 5 which involve the movement of goods that are not liable (in whole or in part) to be included in boxes 8 and 9 of the VAT Return trade totals. For these codes our system can make the necessary adjustments before comparing the two sets of figures. You need only select the appropriate first digit of NoTC and enter the second digit as 0. All the remaining mandatory items of data on the line must be completed.

Businesses completing SDs for the receipt or dispatch of goods for processing work must quote the value of the goods under NoTC 40 (but see Section 9 if the goods are subject to a change of ownership). Goods returned or received after processing require a declaration quoting the enhanced post processing value using NoTC 50 (but see Section 9 if the goods are subject to a change of ownership).

The above treatment will not work where goods are supplied as an integral part of a supply of services, which are not required to be reported in boxes 8 and 9 of the VAT Return, but must be reported on the SD. In such cases the NoTC must show the appropriate first digit, followed by second digit 7.

7.4 How do I deal with transactions which must be included in boxes 8 or 9 of the VAT Return but are not reported on a Supplementary Declaration?

The value of certain transactions must be declared on the VAT Return, for example stage payments. However, because there is no corresponding goods movement, no reporting on the supplementary declarations would normally be required.

To prevent an anomaly appearing between the VAT and Intrastat data, you can enter the value declared on the VAT Return on your supplementary declaration with the NoTC 18 and no other data is required. However if you submit by EDI you need to complete the SD in full.

NoTC 18 informs our systems that although a value has been declared on the VAT Return, no corresponding goods movement has taken place and no enquiries will be made.

8.What records must I keep and will I be visited?

8.1 What are the legal requirements?

If you are legally required to submit SDs you must:

• keep a copy of every SD you make or which is made on your behalf
• keep copies of all papers and documents which have been used for the purpose of compiling SDs
• produce any of the above records to one of our visiting officers when required to do so
• permit the officer to make copies or extracts or remove records for a reasonable period

You must keep your records for six years. This is in line with VAT requirements, and applies equally to information stored by electronic means.

Our visiting officers have the right to enter the premises of such businesses, or the premises of anyone compiling SDs on their behalf, at any reasonable time in order to carry out checks.

Computer records

You can keep your records on a computer provided they can be readily converted into a satisfactory legible form and made available to us on request. If you do keep your records on a computer, you must make sure that we can have access to it and can check its operation and the information stored. We can ask for help from you or anyone else having charge of, or otherwise concerned with the operation of the computer or its software.

If a computer bureau is employed, you are responsible for arranging for the bureau to make your records available to us when we wish to see them. Normally this will be at your principal place of business.

However you decide to keep your records, you must be able to make them readily available to our officers when they ask to see them.

8.2 The Intrastat visit

Periodic visits will be made to assure systems used to complete SDs and check the accuracy of your Intrastat declarations. The visit will be made to your premises, not to your agent. You will need to ensure that your agent sends you copies of declarations for your files. However, with the agreement of the Intrastat officer, a visit can exceptionally be made to an agent’s premises where this is considered appropriate. Such arrangements are entirely at the discretion of the officer and do not relieve the business of any of the responsibilities of the Intrastat system.

During the visit the officer will:

• Want to talk with you or the person who is in charge of your intra-EU trade, to get a complete picture of your activities and to have your system of record keeping explained.
• Want to inspect your records of the SD information sent to us. This will apply whether you have supplied the declarations yourself or have employed an agent to send the information on your behalf.
• Ask you to explain any differences between the total of the values shown on your SD and the EU-trade totals shown on your VAT Return.
• Need to be satisfied that declarations are complete and accurate.
• Want to know what steps you take to make sure that your declarations are correct, and that they are submitted on time.
• Check the build-up of declarations, and ask you to produce the documentation to support selected items within declarations. Such documentation might include orders, delivery notes, goods invoices, freight invoices or payment advices.
• Select from documents and check that they have been correctly included in declarations.
• Make cross-checks between the two sets of records, if your Intrastat and normal purchase/sales records are separate.
• Want to examine your computer systems and computer data in order to perform checks.
• Need access to the ICN Online, available on the uktradeinfo website

9.Movement of goods for processing or repair

9.1 What is meant by a repair?

A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order. This can involve some rebuilding or enhancements but does not change the nature of the goods in any way.

Goods sent for or returned after repair must not be declared for Intrastat.

9.2 What is meant by processing?

Processing covers operations (transformation, construction, assembling, enhancement or renovation) with the objective of producing a new or really improved item. This does not necessarily involve a change in the product commodity code.

9.3 Reporting requirements for goods subject to processing

Although goods sent or received in the processing cycle are regarded by the VAT system as a service, for Intrastat there is still a movement of goods which must be declared.

Therefore, although goods for processing do not require an entry on box 8 or 9 of the VAT Return, they must be shown on the SD. You must include the value of the goods both sent for or received after processing.

If goods sent for processing do not change ownership and return after processing to the EU Member State from which they were dispatched, you must use NoTC 40 or 50. NoTC 40 indicates goods which have been sent or received for processing, NoTC 50 indicates goods which have been received or returned after processing.

Goods returned after processing do not necessarily have to return to the businesses which dispatched them in the first place. As long as the goods return to the original Member State of dispatch (and no change of ownership takes place) NoTC 40 and 50 must still be used.

If the goods sent for processing change ownership (for example, if the business carrying out the processing purchases the goods on their own account), you treat the movement as a normal purchase or sale and use NoTC 10 (or you can use NoTC 17 if no declaration is made on the VAT Return).

If you send goods for processing which are to be incorporated with goods purchased from another Member State to make the finished article, NoTC 40 and 50 must not be used. NoTC 10 (or you can use NoTC 17 if no declaration is made on the VAT Return) is used for both the goods sent for processing and the processed goods returned to you.

Goods that are going to be dispatched to a third Member State after processing are reported using NoTC 10 (or you can use NoTC 17 if no declaration is made on the VAT Return).

The value of goods being sent or received for processing should be the cost of the goods. The value of goods received or returned after processing should reflect the enhanced value of the goods, that is, the value of the goods plus the cost of the processing.

Where the value of goods received for processing is not known, for example, for reasons of commercial confidentiality, a sensible estimate of the value should be made (see paragraph 5.7 for further details).

A more detailed Information Sheet on ‘Processing’ is available on the uktradeinfo website (see also paragraph 21.9).

10.Temporary movements, goods in transit and sale or return goods

10.1 Temporary movements

A ‘temporary movement’ refers to goods dispatched or arriving for a specific purpose and intended for re-dispatch within a specified period without having undergone any change (except normal depreciation due to the use made of them).

The definition of a temporary movement applies to both arrivals and dispatches.

You must not report any ‘temporary movements’ of goods on your Intrastat SDs when:

• no processing is planned or carried out
• the expected duration of the temporary use is not intended to be longer than two years
• the goods subject to the movement do not change ownership

However, if the circumstances of the temporary transfer of the goods change, you must make an Intrastat declaration for the period in which the change occurs.

For example this could be:

• if the two year rule is exceeded
• the goods undergo a process
• the ownership of the goods passes to the business to which the goods were initially transferred temporarily in the destination Member State

10.2 Goods in transit

Goods in transit through a Member State are goods entering and leaving the country with the exclusive purpose of reaching a third country. Therefore, if goods are dispatched from Member State A, via Member State B to Member State C, the dispatch will be from A to C. Conversely the arrival in Member State C will be from A.

Temporary halts for logistical reasons, for example simple repackaging for groupage, or transfer to another means of transport, are considered to be transit as the goods do not add to the stock of material resources of the country through which they are passing. Temporary halts can include a period of warehousing.

However in the example above, if the halt in Member State B involves a process not inherent in the transport of the goods, (for example, a bulk product is repackaged into retail packs and relabelled), the partner countries for dispatch and arrival are Member States A and B. In the subsequent movement to Member State C, B and C are the partner countries.

Where goods are being exported from an EU Member State to a country outside the EU, but are temporarily warehoused in another EU Member State for transport reasons, this is not a movement of goods under the Intrastat system and must be declared as an export.

For example, goods exported from the UK to India via Rotterdam solely for transhipment purposes should be declared as an export, not as an Intrastat dispatch.

10.3 Sale or return goods

The supply of goods on sale or return is deemed to be a supply of goods (transfer of own goods) in the Member State from which they are sent and an acquisition in the EU Member State to which the goods are transferred by the business sending them. The business sending the goods must therefore register for VAT in the destination Member State, or appoint a tax representative (subject to the rules on tax representatives in that Member State) and account for acquisition tax there.

The goods must be declared on the SD, in box 8 of the VAT Return and on an EC sales list.

If the goods are then sold, the sale (at whatever price) is a domestic supply within the destination country and does not affect the cost price declared on the SD or in box 8.

If the goods are subsequently returned unsold they must be declared on an arrivals SD and in box 9 of the VAT Return.

Goods arriving in the UK on sale or return require the sender to register for VAT in the UK or to appoint a tax representative. Acquisition tax must then be accounted for on the goods and an arrivals declaration made if the business has exceeded the Intrastat threshold.

A more detailed Information Sheet on ‘Sale or Return’ is available on the uktradeinfo website (see also paragraph 21.9).

11.Supplies made to or received from private individuals

11.1 What is a private individual?

'Private individuals' include businesses not registered for VAT as well as private persons.

11.2 Reporting requirements for supplies made to or received from private individuals

If you make sales to, or receive purchases from private individuals in another Member State you must report the transaction on an Intrastat supplementary declaration using the VAT exclusive invoice value.

The value of the sale or purchase must not be declared in box 8 or 9 of the VAT Return, or in the case of sales, on the EC Sales List. NoTC 17 can be used on the Intrastat declaration to explain any discrepancy between the amount declared for Intrastat and the box 8 or 9 figure on the VAT Return.

For transactions with a value of less than £160, you can declare sales under the Low Value Threshold (see paragraph 20.1).

In the event that you make sales to private individuals in a particular Member State which exceed the distance-selling threshold for that Member State, you will need to register for VAT in that Member State (or appoint a tax representative). VAT must be accounted for in the Member State where the distance sale is made. No UK VAT is charged on these sales. A dispatches SD must be completed as normal.

Each Member State is responsible for setting its own distance-selling threshold. You need to contact the fiscal authority in the Member State of destination of the goods to determine the threshold value (contact details are available in VAT Notice 725 The single market).

VAT-registered businesses with trade above the Intrastat exemption threshold must also report purchases from private individuals in other Member States on an Intrastat supplementary declaration. For further information please refer to our Information Sheet available on the uktradeinfo website.

You must include the VAT exclusive value of sales to and purchases from private individuals in your calculations to assess whether you have exceeded the Intrastat exemption threshold.

Dispatches of new means of transport by VAT registered UK businesses to private individuals in other Member States are liable to be reported for Intrastat. For a definition of a new means of transport please refer to Notice 728 New means of transport.

If you are supplying members of the British Armed Forces, their dependents and civilian workers stationed in a British Army base located in another Member State please refer to paragraph 21.2.

Distance sales involving excise goods are dealt with in VAT Notice 700/1 Should I be registered for VAT?

Note the special distance-selling provisions do not cover goods which are installed or assembled by the supplier at the customer’s premises (see paragraph 21.1).

A detailed information sheet on this subject is available on the uktradeinfo website (see also paragraph 21.9).

12.Inter-Company Transfers

12.1 What is meant by 'inter-company transfers'?

‘Inter-company transfers’ are movements of stock between subsidiaries or branches of the same legal entity/business based in different Member States.

12.2 Intrastat treatment of inter-company transfers

Inter-company transfers of goods between the UK and other EU Member States are reported for Intrastat in the normal way. Therefore a supply of own goods by a legal entity in the UK to the same legal entity in another EU Member State would require an Intrastat declaration.

For example, an Intrastat declaration will be required when a subsidiary or branch of a business in the UK dispatches or receives goods from a branch or subsidiary of that business located in another Member State.

Values to be declared for Intrastat purposes are the amounts that would have been realised in the event of a sale or purchase under normal market conditions, not the value agreed between the two related parties. In other words, the value to be used for Intrastat is the same as would have been applied if the transaction were between unrelated parties.

Any adjustment to the value made at a later date, which means that a value based on ‘a sale or purchase under normal market conditions' was not used for Intrastat purposes at the time the declaration was originally made, will require an amendment to the original declaration (subject to the normal rules for submitting amendments, see paragraph 6.3).

Nature of Transaction Code (NoTC) 10 must be used to report these transactions.

13.Software and licences

13.1 Intrastat treatment of software and licences

The Intrastat treatment of software will generally depend on whether the software is mass produced (‘off-the-shelf’) or specifically developed for a client (‘bespoke’). However, all software supplied over the internet is excluded from Intrastat.

The following provides information on various transactions involving software:

• Hardware sold together with software and software licences, for example, where the transaction involves a PC equipped and sold with software and licences. The total value of the hardware and software /software licences is declared.
  Note the software (+ licence) must be classified separately by its correct commodity code (Heading 8523).
• Software developed for a client by a specialised software house, for example, a software company produces tailor-made software (including the carrying media) to deal with the accounts of a particular business. The software (including the carrying media) is not declared.
• Mass-produced software available off the shelf with material support, for example, commercially produced computer operating systems such as Windows, Linux or Mac. The total value of the software and the support is declared.
  Where the price of a piece of ‘off-the-shelf’ software contains the cost of a licence to operate the software and the price of the licence is not shown as a separate invoice line, the whole value is declared for Intrastat. Where an invoice for ‘off-the-shelf’ software shows a separately itemised licence fee (single or multiple), only the software cost is declared for Intrastat.
• Updates for mass-produced software, for example, upgrades produced for software at above. The value is declared unless the original price of the software included the cost of upgrades. If the original cost included upgrades and no invoice is raised, no declaration is required.
• Software not involving a physical exchange of goods, for example, additional licences or rights for the use of previously supplied software or the supply of software via the internet. The transaction is not declared. Note licences supplied on their own, whether singly or as multiples, are regarded as a service and are not to be declared for Intrastat.

14.Stage payments and staggered consignments

14.1 Stage payments

Many transactions involve payment in stages before and in some cases after the physical movement of the goods.

This leads to discrepancies between the VAT and statistical figures submitted. In these circumstances we encourage the use of the second nature of transaction digits 7 and 8, to reconcile the figures (see paragraph 6.1 - Nature of Transaction Code definitions).

For example, if a payment is received which has to be shown in box 8 of the VAT Return but there is no movement of goods, only this value with NoTC 18 is shown on the SD (no other line detail is required – but see paragraph 7.4 if submitting by EDI).

If the goods are delivered at the same time as the receipt of a stage payment that has to be shown in box 8 of the VAT Return, complete a full line on the SD quoting NoTC 17 using the total value of the contract and complete a separate line of the SD declaring just the payment with NoTC 18 (but see paragraph 7.4 if submitting by EDI).

14.2 Staggered consignments

Staggered consignments are the arrival or dispatch of components for completed goods in a disassembled state over several Intrastat reporting periods.

Data on arrival or dispatch of staggered consignments must be reported only once, in the month that the last consignment arrives or is dispatched. The full value of the complete product must be declared with the classification code for the assembled product.

This procedure does not apply to industrial plant (see paragraph 20.2).

15.Call-off and consignment stock

15.1 Call-off stock

Call-off stock occurs when goods are transferred to another Member State to provide a stock of goods from which customers can use and pay for (‘call off’) items as they require them.

The storage facility in the other Member State can be operated by the supplier. However, customers must be aware of the details of deliveries into storage.

Goods supplied from the UK to another Member State under the ‘call off’ system must be declared as a dispatch with a value based on the cost of the goods. Similarly, ‘call off’ goods supplied to the UK from another Member State must be declared as an arrival with a value based on the cost of the goods (Further details can be found in VAT Notice 725 The single market).

A detailed Information Sheet on call-off stock and consignment stock is available on the uktradeinfo website (see also paragraph 21.9).

15.2 Consignment stock

Consignment stock occurs when you transfer your own goods to another Member State to create stocks under your control, from which supplies will be made by you, or on your behalf, in that Member State.

Consignment stocks transferred from the UK to other Member States must be reported as a dispatch and consignment stocks transferred from another Member State to the UK must be reported as an arrival, see paragraph 12.2 for details of the value to be used.

A detailed Information Sheet on call-off stock and consignment stock is available on the uktradeinfo website (see paragraph 21.9).

16.Vessels, aircraft, offshore installations and sea products

16.1 Vessels and aircraft

Intrastat reporting of sales or purchases of sea-going vessels and aircraft with an unladen weight exceeding 2000kg follows the transfer of ‘economic ownership’ rather than the physical movement of the vessel or aircraft.

The economic ownership of these vessels or aircraft is defined as 'the right of a natural or legal person to claim the benefits associated with the use of a vessel or aircraft in the course of an economic activity by virtue of accepting the associated risks'.

Therefore, Intrastat movements will cover the transfer of economic ownership of a vessel or aircraft between a taxable person established in one Member State to a taxable person established in another Member State.

For example, a UK business that sells a tanker operating between France and Italy to an economic owner established in Germany will report this transaction as a dispatch to Germany, even though there is no physical movement of the vessel between the UK and Germany.

Newly constructed commercial vessels and aircraft are reported by following the flow from the Member State of construction to the EU Member State where the taxable person taking ownership of the vessel is established. For example, a UK business supplying a newly constructed commercial aircraft to a German business, (but who deliver the aircraft to a Spanish airport), will report the sale as a dispatch to Germany.

The same principle applies to military vessels and aircraft. For Intrastat purposes, the transaction follows the change in ownership rather than the physical movement.

Vessels not considered to be sea-going and aircraft with an unladen weight not exceeding 2000kg are reported in the normal way (following the physical movement of the goods).

16.2 Goods delivered to vessels and aircraft

You will need to provide an Intrastat declaration if you supply goods in a UK port or airport to vessels or aircraft that belong to ‘economic owners’ from other EU Member States. For a definition of ‘economic ownership’ please refer to paragraph 16.1.

You must use special commodity codes for goods that are for consumption by passengers and crew or for the operation of the engines, machines or other equipment. When these commodity codes apply, less detailed information is required on the Intrastat declaration.

Goods for consumption by passengers and crew refer solely to items ‘consumed’ by them, for example food, drink, plastic cutlery or paper napkins. Supplies for the operation of the engines and machinery refer solely to oil and fuel (sometimes referred to as 'bunkering'). Other items such as watches or perfume must be excluded from Intrastat declarations.

As these provisions only relate to dispatches, a vessel with UK economic ownership in the port of another EU Member State, which is supplied by a business in that Member State, is not required to report this supply as an arrival.

The special simplified commodity codes and simplified data are as follows:

• 9930 2400 for goods from chapters 1 – 24 of the ICN
• 9930 2700 for goods from chapter 27 of the ICN
• 9930 9900 for goods classified elsewhere

Additionally the following information must be shown:

• the country code of the EU Member State of origin of the economic owner of the vessel or aircraft (Note code ‘QR’ must not be used)
• the quantity for goods belonging to Chapter 27 of the ICN (please refer to the ICN for the specific quantity required)
• the value.

For example, fuel delivered by a UK VAT registered business to a German economically owned aircraft that is being refuelled while in a UK airport must be declared as a dispatch to Germany using special commodity code 9930 2700. The only other information required is the country code of the economic owners of the aircraft (DE), the quantity for the goods and the value.

The special commodity codes (and simplified reporting) do not apply to durable goods (for example bed linen or TV sets) which are to remain on the vessel or aircraft. Deliveries of these goods must be reported using the appropriate commodity code the goods are classified to.

Supplies of goods for vessels or aircraft which are delivered to the territory of another Member State for loading onto that vessel or aircraft are reported in the normal way (a normal detailed Intrastat declaration using the country code of the Member State to where the goods are dispatched to).

16.3 Goods delivered to and from offshore installations

Offshore installations refer to the equipment and devices installed on the high sea in order to search for and exploit mineral resources, for example oil rigs.

The Intrastat reporting of goods dispatched to or received from an offshore installation will depend on where the offshore installation is located.

Goods dispatched from the UK to an offshore installation in an area where another Member State has exclusive rights to exploit that seabed or subsoil are to be reported as a dispatch.

Goods dispatched from an offshore installation established in an area where the UK has exclusive rights to exploit that seabed or subsoil (such as the UK Continental Shelf) to another Member State are to be reported as a dispatch. This includes products pumped from the installation such as oil or gas.

Goods (including products pumped from the installation such as oil and gas) delivered from an offshore installation established in an area where another Member State has exclusive rights to exploit that seabed or subsoil to the UK are to be reported as an arrival.

An Intrastat declaration will also be required for movements of goods between offshore installations situated in an area where the UK has exclusive rights to offshore installations where another Member State has exclusive rights.

Goods dispatched from the UK to an offshore installation established in an area where another Member State has exclusive rights to exploit that seabed or subsoil for its operation, or for the operation of its engines, machines and other equipment must be reported using the following mandatory codes:

• 9931 2400 for goods from chapters 1 – 24 of the ICN
• 9931 2700 for goods from chapter 27 of the ICN
• 9931 9900 for goods from any other chapter of the ICN.

Additionally the following information must be shown:

• the country code of the EU Member State that has exclusive rights (Note code ‘QV’ must not be used)
• the quantity for goods belonging to Chapter 27 of the ICN (please refer to the ICN for the specific quantity required)
• the value.

The mandatory commodity codes must also be used when goods are received from another Member State by an offshore installation established in an area where the UK has exclusive rights to exploit that seabed or subsoil for its operation or for the operation of its engines, machines and other equipment.

Goods supplied to or delivered from offshore installations situated within the UK’s statistical territory (see paragraph 2.4) are not to be reported as they are considered to be a domestic movement.

16.4 Sea products

‘Sea products’ are fishery products, minerals, salvage and all products which have not yet been landed by sea-going vessels.

Sea products belong to the EU Member State where the ‘economic owner’ of the vessel that has captured the products is established, regardless of where the products were captured. (See paragraph 16.1 for a further explanation of economic ownership).

Arrivals are reported when sea products are landed in a UK port by a vessel that belongs to an economic owner from another EU Member State, or when sea products are acquired by a UK owned vessel from a vessel that belongs to an economic owner from another EU Member State.

Dispatches are reported when sea products are landed in another EU Member State by a UK economically owned vessel, or when sea products are acquired by a vessel owned by another EU Member State from a UK economically owned vessel.

For example, a vessel whose economic ownership originates in the UK, nets fish in the North Sea and then lands the fish in a French port, will be required to report this movement as a dispatch to France. If while at sea, the same vessel transfers fish to a vessel that is deemed to belong to Germany, then a dispatch declaration from the UK to Germany is required.

A vessel that belongs to an economic owner from another EU Member State, which lands fish for the first time in the UK, must report an arrival if it is registered for VAT in the UK. Otherwise the buyer of the catch must declare an arrival.

We recommend that you use NoTC 17, when sea product movements are reported for Intrastat but not for VAT purposes.

A more detailed Information Sheet on Sea Products is available on the uktradeinfo website (see paragraph 21.9).

17.Warehouses, inward processing and onward processing relief

17.1 Customs warehouses

Goods arriving from a country outside the EU can require the payment of Customs Duty and VAT before they are cleared into the UK (that is, into free circulation). A business can decide not to enter the goods into free circulation and instead, place them in a customs warehouse.

Movements of goods not in free circulation within the EU from one customs warehouse to another do not fall within the Intrastat system. Trade statistics will be collected through other means (but see paragraph 17.2 for excise warehouses).

Where goods not in free circulation are put into free circulation on leaving the warehouse (that is, Customs Duty is paid) and then dispatched to another EU country, Intrastat rules apply to the movement.

17.2 Excise warehouses

Excise Duty is an internal the rest of the world. UK tax which can be levied on goods from anywhere outside the UK, that is, the EU and

Goods in excise warehouses (for example, oils, alcohol or tobacco) may have been produced within the EU or may be non-EU goods on which Customs Duty, but not UK Excise Duty may have been paid. EU movements of such goods between excise warehouses are included within the Intrastat system and are reported on supplementary declarations.

When the Intrastat declaration is made for goods entering into a UK warehouse from another EU Member State, depends on whether the goods are in retail packaging or in bulk.

Goods packaged for retail distribution (in other words, in packaging suitable for retail sale such as bottles or cans). The Intrastat report can be made either:

• when the goods enter the warehouse for the first time
• or when the goods are removed from the warehouse into ‘home use’ (Excise Duty is paid and a VAT tax point created).

You can adopt the method most suited to your trade. However, the method chosen must be used consistently, that is, if you choose to report under the first bullet point above you must, as far as possible, use that method for all ‘retail’ consignments. For reports using the first bullet point above, we would request that NoTC 17 be used as this indicates that, whilst the goods are reported for Intrastat purposes, there will be no corresponding entry in box 9 of the VAT Return (see paragraph 7.3 for further explanation of this procedure). If the report is made when the goods are brought into ‘home use’ and a VAT tax point created, NoTC 10 must be used (see paragraph 6.1 for more information on NoTC).

Bulk goods (this includes goods which will undergo a process or are mixed). The Intrastat report must be made when the goods enter the warehouse for the first time. If the goods are not immediately brought into ‘home use’, we request that NoTC 17 be used to indicate situations where the goods are declared for Intrastat but not included in box 9 of the VAT Return.

When goods are initially reported using NoTC 17, report any future removal to ‘home use’ on the SD showing only the value (exclusive of VAT and Excise Duty) and NoTC 18, at the time of removal (see paragraph 7.4 for further explanation of this procedure). Note this procedure is not mandatory but this action will explain the discrepancy between box 9 of the VAT Return and Intrastat.

Excise Duty must always be excluded from the value reported for Intrastat.

Goods transferred from a UK excise warehouse directly to another Member State (either to another excise warehouse or a customer), without being brought into ‘home use’, must be declared as a dispatch.

A more detailed information sheet on Tax Warehouses is available on the uktradeinfo website (see paragraph 21.9).

17.3 Fiscal warehouses

Certain categories of goods from both EU Member States and from non-EU sources can be put into fiscal warehouses in the UK. Such goods must be in free circulation, with any import VAT paid, before they can be admitted to the regime.

Intrastat reporting is required for those goods moving between fiscal warehouses in different Member States. The value declared will be the value for VAT. However, we request that NoTC 17 is used to show that there is no corresponding value on the VAT Return (see paragraph 7.3).

It is possible that the businesses involved will not be registered for VAT in the UK. In such cases, if there is no fiscal agent, the warehouse keeper will be responsible for making the Intrastat declaration (see paragraph 5.2).

Further information about fiscal warehousing can be found in VAT Notice 702/8 Fiscal warehousing.

17.4 Inward processing (IP) goods

If you send or receive IP goods under full Community Transit ‘T1’ procedures, that is, the goods are not in free circulation within the EU, a SAD is used and you must not include these movements on the SD. For statistical purposes we receive a copy of the transfer SAD.

The movement of IP goods without a change of ownership does not create a supply for VAT purposes as they originate outside the EU, and so will not be included in boxes 8 or 9 of the VAT Return. However, if the goods are sold within the EU, then a supply has taken place and you must complete boxes 8 and 9.

17.5 Onward Supply relief (OSR)

If you supply OSR goods to, or receive OSR goods from, another EU Member State you must complete box 8 or 9 of the VAT return and include these movements on your SD.

For more information on OSR goods see Notice 702/7 Import VAT relief goods supplied onward to another country in the EC.

18.Triangulation

18.1 What is triangulation?

Triangulation is the term used to describe a chain of supplies of goods involving three parties, when instead of the goods physically passing from one party to the next, they are delivered directly from the first party to the last in the chain.

For example:

In this example a French company receives an order from a German company. To fulfil the order the French company in turn orders goods from its own supplier in the UK. The goods are delivered from the UK company direct to the German company.

18.2 How is triangulation reported for Intrastat purposes?

Whatever the financial and invoicing arrangements in such cases, supplementary declarations must be made in accordance with the physical movement of the goods. If goods do not physically enter or leave the UK no Intrastat declaration is appropriate here, but declarations will be required in the EU countries of dispatch and arrival.

Using the example provided in paragraph 18.1, a UK company concludes a contract with a French company and invoices them for the goods, dispatching the goods from the UK to the French company’s customer in Germany. As the movement of goods took place between the UK and Germany, the UK company must report this movement as a dispatch to Germany.

If however, a UK company receives an order from a French company and sources the goods from Germany and the goods are sent direct from Germany to France, the UK company will have no UK Intrastat reporting obligation as the physical movement of goods takes place between Germany and France.

A detailed Information Sheet on triangulation is available on the uktradeinfo website (see paragraph 21.9).

19.Leasing and hire

19.1 Operational leasing and goods on hire

Operational leases do not transfer ownership (that is, all the risks and rewards incidental to legal ownership) to the lessee. Under an operational lease, the lessee acquires the right to use durable goods for a certain period of time, which can be long or short and not necessarily settled in advance. When the leasing period expires, the lessor expects to receive the goods back in more or less the same condition as when they were hired out, apart from normal wear and tear. Payments for the operational leasing of goods relate to the cost of using the tangible goods made available to a business through a leasing contract.

19.2 Financial leasing

Financial leases are generally paid in instalments and are calculated in such a way as to cover all or virtually all of the value of the goods. At the end of the contract the lessee becomes the legal owner of the goods.

19.3 Intrastat treatment

Goods on hire or operational lease are excluded from Intrastat when the contract covers (or is intended to cover) a period of less than two years.

Goods on hire and operational leasing arrangements must be reported for Intrastat when the contract covers or is intended to cover a period longer than two years. Nature of Transaction Code (NoTC) 9 must be used to report these transactions.

Goods on hire or operational leasing which were not reported for Intrastat because their intended stay was less than two years must be reported if the goods are not returned after the two-year period. The reference period will be the month in which the two-year period expires. NoTC 9 must be used.

Goods involved in financial leasing must be reported under normal Intrastat rules using NoTC 1 when the goods first move.

Note financial leasing can involve three parties:

• the supplier of the goods (Supplier)
• the recipient of the goods (Lessee)
• the payer of the cost of the goods (Lessor).

Direct leasing occurs when the supplier and the lessor are identical. Indirect leasing occurs when a leasing company (Lessor) buys the goods from the producer or supplier and subsequently leases the goods to the lessee. The goods are delivered from the supplier to the lessee. Trade statistics must record the trade flow between supplier and lessee.

Examples of operational and financial leasing:

Operational lease

A French company acquires the right to use a motor vehicle from a German hire company. The length of the hire is set at 6 months. Payments for the lease relate to the cost of using the motor vehicle. As the payments are for the supply of a service (hiring the vehicle) and the length of the lease is less than two years, this transaction is excluded from Intrastat.

Financial lease

A UK company contracts to purchase a machine from an Irish company. The purchase is financed by a UK bank, but the goods are delivered direct to the UK company. This supply is included within Intrastat and as the UK company has ordered and received the goods it is responsible for reporting the goods as an arrival.

A detailed Information Sheet on leasing is available on the uktradeinfo website (see paragraph 21.9).

20.Classification simplifications

20.1 Low value consignments

Transactions (that is, invoice lines) with a value of £160 or less can be aggregated and classified to a single commodity code (9950 0000).

When this code is used the only other details required are the value of the goods and the EU country the goods were either dispatched to, or received from (however, if you submit your data by EDI you must still complete all other mandatory boxes).

You can, where possible, aggregate items declared under this commodity code (see paragraph 4.5 e).

This concession can be restricted where the bulk of trade or large total values are declared.

We can withdraw this facility if your compliance falls below an acceptable standard.

20.2 Industrial plant

You can use a simplified procedure for declaring the arrival or dispatch of the component parts of a complete industrial plant (with a value of more than €3 million) which are moved in several consignments over a period.

‘Industrial plant’ is defined as ‘a combination of machines, apparatus, appliances, equipment, instruments and materials which together make up large-scale, stationery units producing goods or providing services’. The essential character of the overall product is assigned to the most appropriate commodity within the ICN.

‘Component part’ is defined as ‘a delivery for an industrial plant which is made up of goods which all belong to the same chapter of the ICN'.

Code numbers for the complete industrial plant subheading are composed as follows:

• the code must be eight digits
• the first four digits are 9880
• the fifth and sixth digits correspond to the chapter in the ICN to which the component part belongs
• the seventh and eighth digits are 0.

For example, if a consignment of steel pipes (normally classified under chapter 73 of the ICN) is dispatched as part of the construction of a complete industrial plant, the commodity code under this concession would be 9880 7300.

20.3 Mixed Consignments of motor vehicle or aircraft parts

You can use a simplified procedure for declaring mixed consignments of motor vehicle or civil aircraft parts with a value of less than £600 by classifying the goods to special commodity codes.

The following specific conditions apply to the use of the classification concession for motor vehicle parts:

• the commodity code to be used is 99908700
• single items of £600 or more in value are ineligible for this concession and must be correctly classified
• engines, axles and gearboxes are ineligible for this concession and must be properly classified irrespective of their value
• a consignment of easily identifiable parts must be classified using the correct commodity code(s)

The following specific conditions apply to the use of the classification concession for aircraft parts:

• the commodity code to be used is 99908800
• single items of £600 or more in value are ineligible for this concession and must be correctly classified
• a consignment of easily identifiable parts must be classified using the correct commodity code(s)

When the concessionary codes are used, the quantity must be shown as net mass (in kilos). A qualified estimate can be used where necessary. Note, these concessions are for Intrastat only.

If you use an agent to complete Intrastat SDs on your behalf you must inform the agent of these conditions and make sure that the agent complies with them.

21.Other goods movements

21.1 Mixed supplies of goods and services

A typical example of mixed supplies of goods and services is where a business supplying goods also supplies the service of installing them in the Member State they were dispatched to.

Goods dispatched from the UK as part of a mixed supply of services (such as installation or assembly) in another Member State must be included in the UK business’ SD. The value is the cost of the goods at the time of dispatch.

Goods arriving in the UK as part of a mixed supply of goods and services are declared as arrivals.

When the contract for goods includes a service element (for instance labour), the value of the service provided must be excluded from the value of the goods reported. Where the service is not separately identified, the total value of the contract can be reported.

If the supply is essentially a supply of services but includes some goods as part of the supply, and the goods element is genuinely trivial, you can ignore the goods movement totally for Intrastat.

21.2 Supplies to territorial enclaves

For the purposes of Intrastat, territorial enclaves include:

• embassies
• consulates
• national armed forces stationed outside the territory of the mother country
• other similar emplacements that are usually established by treaties between sovereign Member States

Movements of goods between a Member State and its territorial enclaves established in another Member State are considered an internal flow and therefore must not be included on an Intrastat SD. In addition, goods moving between the host Member State and territorial enclaves of other Member States or international organisations are excluded from Intrastat.

This means that if you supply goods from the UK to a British Embassy or a British Armed Forces base (such as the bases in Germany but see below for the bases situated in the Republic of Cyprus) situated in another Member State you must not report these supplies as a dispatch. This includes supplies made to a Naval, Army and Air Force Institute (NAAFI) found within British Armed Forces bases as well as supplies to personnel (both military and civilian and including their dependents) within such bases, including supplies made via the British Forces Post Office (BFPO).

However, the UK Sovereign Base Areas (SBAs) situated in the Republic of Cyprus (RoC) are considered to be part of the statistical territory of Cyprus. Therefore, movements between the UK and the SBAs will require an Intrastat declaration with the partner country code CY.

As goods moving between the host Member State and territorial enclaves of other Member States or international organisations are also excluded, the supply of goods to the embassy of another Member State situated within the UK must not be declared as a dispatch. For example, if you supply goods to the French embassy in London you must not declare this as a dispatch to France.

21.3 International Collaboration Defence Projects (ICDP)

Collaboration projects, by their nature, normally involve the movement of high value goods between the participating Member States. It is vital that Intrastat declarations are made when they fall within the terms for reporting data. Therefore, except where allowed for below, all EU movements of goods under an ICDP (excluding goods sent or received for repair, see paragraph 9.1 for a definition of repair) must be reported for Intrastat purposes.

As a general guideline, the following rules apply:

Arrivals

The ultimate UK recipient of the goods will be responsible for declaring arrivals.

This places the responsibility on the UK business which receives the goods for processing and away from the incidental involvement of carriers, Project Management Offices or overseas prime contractors. When the Ministry of Defence (MOD) is the final recipient of the goods, they are responsible for completing an arrivals SD.

Dispatches

The UK contractor responsible for the movement of the goods is responsible for making the dispatches declaration. The declaration must be made when the goods move from the contractor, even if the goods are sent via MOD stations, for example RAF Stafford.

Temporary movements

As a general rule the terms of paragraph 10.1 are to be followed.

However, where goods sent for testing are tested to destruction, but were expected to qualify as a temporary movement at the time of dispatch, an Intrastat declaration is not required.

If it is known at the time of dispatch that the goods will be tested to destruction, a dispatch declaration is required.

If you have any questions about collaboration projects, you can contact the Helpline on 0845 010 9000 in the first instance.

21.4 Free of charge goods

Goods which are supplied or received free of charge will not have a taxable value, but do have a positive value for statistics. This must be reported with full line detail (using NoTC 3) on a Supplementary Declaration.

The value of free of charge goods will normally be the amount which would have been invoiced in the event of a sale or purchase of the goods. If you are having difficulty arriving at a value see paragraph 5.7.

21.5 Electricity and gas

The data collected on electricity and natural gas is based on the physical flow of each commodity (rather than using fiscal amounts, or invoiced quantities).

We collect data on the actual ‘flow’ of electricity and natural gas from operators who control the cross-frontier flow.

We will inform the operators of all cross-frontier facilities that have been identified as responsible for providing the required data.

Therefore, unless specifically advised by us, there is no requirement for UK electricity and gas wholesalers to supply Intrastat declarations for electricity or natural gas intra-EU sales or purchases.

21.6 Chain sales (oil industry)

Movements of oil which are reportable as dispatches are defined as ‘the first CIF sale’ (for crude oil) or ‘the first CIF sale with electronic Administrative Document (eAD)’ (for refined products). The majority of transactions reported will fall within these definitions. However, two significant exceptions have been identified and these must also be included on dispatch declarations:

• Where a business sells Free on Board (FOB) but arranges the transport and passes the cost on to the buyer in a separate contract.
• FOB sales to parent or affiliated companies elsewhere in the EU if it is known that these movements will not otherwise be reported for Intrastat. This treatment has been agreed with the UK Oil Industry Indirect Taxes Committee.

21.7 Unusual trade

Unusual trade occurs when a business that normally has little or no trade with other EU Member States exceeds the Intrastat threshold because of ‘one-off’ trade. This could happen if they furnish an office with purchases from another Member State, thus exceeding the arrivals threshold. Or exceed the dispatch threshold by taking advantage of a window in the market to sell a large quantity of goods to businesses in other Member States.

If your unusual trade takes you over the Intrastat threshold, you must submit supplementary declarations until the end of the calendar year. If you then find that because of the unusual trade, you have exceeded the threshold for the following year, you must continue submitting supplementary declarations until the value of your trade with other EU Member States falls below the threshold.

We have no power to exempt businesses from the requirement to submit SDs if they have exceeded the Intrastat threshold but there is also no legal obligation to submit nil returns. If you do not expect to have any further trade with other EU Member States during the calendar year, contact Intrastat Enquiries on 01702 366493, who will, as a concession and to prevent unnecessary enquiries, input nil returns on your behalf.

Note that your VAT Returns will be monitored to make sure there is no subsequent EU trade.

If you find yourself in the position of having a ‘one-off’ transaction which takes you over the Intrastat threshold and you do not expect to have any further EU trade, contact Intrastat Enquiries on the above number and they will be able to offer you the concession mentioned above.

Note that this will not exempt you from submitting a supplementary declaration if you subsequently have any EU trade within the calendar year in question.

A more detailed Information Sheet on ‘Unusual trade’ is available on the uktradeinfo website (see also paragraph 21.9).

21.8 Other miscellaneous goods movements

The following information provides a summary of some of the special treatments that apply to certain supplies of goods:

21.9 Further information on Intrastat

We publish Intrastat Information Sheets on the uktradeinfo website to explain some of the more problematic areas of Intrastat in more detail than is possible in this notice.

Information sheets are available on the following subjects:

• An explanation of the Intrastat data fields
• Call-off stock and consignment stock
• Commercial samples and advertising material
• Credit notes
• Exchange goods in repair contracts
• Grain string sales
• Group VAT registration and Intrastat
• Intrastat and the Island of Cyprus
• Intrastat thresholds (1993 to date)
• Low value threshold
• Motor vehicle and aircraft parts
• Operational and financial leasing
• Process
• Sale or return
• Sales to and purchases from private individuals in other EU Member States
• Sea products
• Tax warehousing in the UK
• Triangulation
• Unusual trade
• Who is responsible for making the Intrastat report (SD)?
• Why is Intrastat important?

If you have a subject you think would benefit from a more detailed explanation on an Intrastat Information Sheet, please contact uktradeinfo.

If you are unable to access any Intrastat Information Sheets online and would like a paper copy, please contact uktradeinfo Customer Service on Tel 01702 367485.

22.Publication of trade statistics

22.1 Online

A wide range of trade information, including detailed trade at commodity code and country level, is available free from our uktradeinfo website.

23.'uktradealert'

23.1 Email alert service

‘uktradealert’ is a free email alert service for UK importers, exporters and associated businesses available on the uktradeinfo website.

‘uktradealert’ covers a wide range of information from a variety of government departments and has a sector dedicated to Intrastat news.

Information is also available from the following sectors:

• HMRC (various sectors, for example, Excise, VAT Notes, NES, CHIEF and Tariff Classification)
• Department for the Environment and Rural Affairs (DEFRA)
• The Department for Business, Innovation and Skills (BIS)
• EU Trade and EU Taxation and Customs Union (including advice about Anti-Dumping Duty)
• Office for National Statistics (ONS)
• Rural Payments Agency (RPA)
• Food Standards Agency (FSA)

The service also gives you an opportunity to take part in surveys and the chance to assess new products.

Once the simple registration procedure has been carried out, email alerts will be sent to you whenever there is new information from any of your chosen sectors.

Your rights and obligations

Your Charter explains what you can expect from us and what we expect from you. For more information go to www.hmrc.gov.uk/charter

Do you have any comments or suggestions?

If you have any comments or suggestions to make about this notice, please write to:

HM Revenue & Customs
uktradeinfo Customer Services (Intrastat)
Alexander House
21 Victoria Avenue
Southend-on-Sea
Essex
SS99 1AA

Please note this address is not for general enquiries.

For your general enquiries please phone our Helpline 0845 010 9000.

Putting things right

If you are unhappy with our service, please contact the person or office you have been dealing with. They will try to put things right. If you are still unhappy, they will tell you how to complain.

If you want to know more about making a complaint go to hmrc.gov.uk and under quick links, select Complaints and appeals.

How we use your information

HM Revenue & Customs is a Data Controller under the Data Protection Act 1998. We hold information for the purposes specified in our notification to the Information Commissioner, including the assessment and collection of tax and duties, the payment of benefits and the prevention and detection of crime, and may use this information for any of them.

We may get information about you from others, or we may give information to them. If we do, it will only be as the law permits to:

• check the accuracy of information
• prevent or detect crime
• protect public funds.

We may check information we receive about you with what is already in our records. This can include information provided by you, as well as by others, such as other government departments or agencies and overseas tax and customs authorities. We will not give information to anyone outside HM Revenue & Customs unless the law permits us to do so. For more information go to hmrc.gov.uk and look for Data Protection Act within the Search facility.

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