Can my two businesses buy services from each other? (export problems after brexit)

molarsmith

Free Member
Feb 24, 2021
3
0
Hello there,

I have a small antiques and secondhand business in england. Prior to brexit, my business partner and I travelled to Europe with an empty van, we would then travel between estate sales / antique dealers / flea markets and trade show and we would during the process of essentially a road trip, fill the van and then drive back over to england to sell the goods. We are now coming up to two months post brexit, and are having a really hard time navigating the new system.

You see the problem now is that following brexit, obviously we have to fill in import / export declarations for customs and pay duty. All of this is fine! We vat registered in preparation, contacted customs agents and registered for EORI numbers etc etc. However, our business and also those of other dealers we know are now effectively at a standstill because of one box on the new paperwork.

In order to move our goods France to UK, we now need to complete a commercial invoice. To complete a commercial invoice, we need an exporter. Currently, as we buy from 20-60 people per trip and transport the goods ourselves, we have no exporter and it is impossible to ask one of our suppliers to step in.

One solution that has come up, of the many I am currently trying to figure out, is to register a business within the EU. This would mean that our EU company purchases all of the goods and then essentially boxes them up to send to my UK company, who then sells them on. My EU company would then obviously be able to fufill the export declarations needed for us to finally get stock moving.

Our EU business would have one customer only, our business in England. We would buy goods from ourselves essentially and the EU company would essenetially sell them to us at cost and so thus, our EU business with buying more goods / selling to us at cost, would have a turnover of zero.

Is this an acceptable way to run a business? Am I heading for Al Capone terriotory and the debtors prison? I am just a humble shopkeeper with no knowledge of these things! I have absolutely no idea concerning legalities... I'm just trying to think of anyway I can to still have a business six months from now!

... Oh, why did our country vote for this!
 

Mr D

Free Member
Feb 12, 2017
28,915
3,627
Stirling
Hello there,

I have a small antiques and secondhand business in england. Prior to brexit, my business partner and I travelled to Europe with an empty van, we would then travel between estate sales / antique dealers / flea markets and trade show and we would during the process of essentially a road trip, fill the van and then drive back over to england to sell the goods. We are now coming up to two months post brexit, and are having a really hard time navigating the new system.

You see the problem now is that following brexit, obviously we have to fill in import / export declarations for customs and pay duty. All of this is fine! We vat registered in preparation, contacted customs agents and registered for EORI numbers etc etc. However, our business and also those of other dealers we know are now effectively at a standstill because of one box on the new paperwork.

In order to move our goods France to UK, we now need to complete a commercial invoice. To complete a commercial invoice, we need an exporter. Currently, as we buy from 20-60 people per trip and transport the goods ourselves, we have no exporter and it is impossible to ask one of our suppliers to step in.

One solution that has come up, of the many I am currently trying to figure out, is to register a business within the EU. This would mean that our EU company purchases all of the goods and then essentially boxes them up to send to my UK company, who then sells them on. My EU company would then obviously be able to fufill the export declarations needed for us to finally get stock moving.

Our EU business would have one customer only, our business in England. We would buy goods from ourselves essentially and the EU company would essenetially sell them to us at cost and so thus, our EU business with buying more goods / selling to us at cost, would have a turnover of zero.

Is this an acceptable way to run a business? Am I heading for Al Capone terriotory and the debtors prison? I am just a humble shopkeeper with no knowledge of these things! I have absolutely no idea concerning legalities... I'm just trying to think of anyway I can to still have a business six months from now!

... Oh, why did our country vote for this!

Your EU company would have profit of zero, not turnover of zero. The turnover would its sales to the UK company.

HMRC appear to prefer companies under the same control to do arms length pricing, charging each other what they can charge someone else.
Don't know whether that is an actual requirement for small businesses.
 
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I suspect Molarsmith is aware of this which is the system that inlcudes the form that contains the box to identfiy suppliers.

I would imagine, with one exception , that setting up the EU company would just involve further bureaucratic rules, hassle and cost. The exception is to do what I have done and become an e-Resident of Estonia. See here. You don't even have to visit Estonia to do so. Once you have your e-residency card (after a visit to the London Embassy) you can set up an Estonian company very easily with all the work done online. That company can then be the supplier. The tax regime is attarctve with .importantly, no personal tax on profit taken out as dividends.
 
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