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Brexit & Incoterms WE DELIVER BREXIT & INCOTERMS We care. We connect. We deliver. woodlandgroup.com CONTENTS • Introduction – Incoterms - Importance of Incoterms for International Trade - Incoterms 2020 • What are the 2020 Incoterms? - All Modes - Sea and Waterway • Why will these be important for UK/EU trade post Brexit? - DDP & EXW - Why could these be a problem from 1st January 2021? • DDP - DDP = Delivered Duty Paid - DDP – The softer version - DAP – The alternative • EXW - EXW = Ex Works - FCA – The alternative • Download the ICC Incoterms® 2020 Mobile App INTRODUCTION “Incoterms®” is an acronym standing for ‘international commercial terms’. It is a trademark of the International Chamber of Commerce. They are used worldwide for the international trade of goods for both import and export. IMPORTANCE OF INCOTERMS FOR INTERNATIONAL TRADE Commonly used in international commercial transactions, Incoterms are intended to clearly communicate the responsibilities between a seller and a buyer in regards to tasks, costs and risks associated with the global transportation and delivery of goods. INCOTERMS 2020 The International Chamber of Commerce have now published the Incoterms 2020, international trade terms for the sale of goods. These came into effect on January 1st, 2020, replacing incoterms 2010. If a contract is entered into after that date, Incoterms 2020 will apply unless the contract specifies otherwise. Parties to a contract are not legally bound to switch over to the new Incoterms as long as this is stipulated in any contract (so they could continue using Incoterms 2010, for example). WHAT ARE THE 2020 INCOTERMS? ALL MODES SEA AND WATERWAY WHY WILL THESE BE IMPORTANT FOR UK/EU TRADE POST BREXIT? DDP & EXW Although there are a number of incoterms used for trade with the Rest of the World, for trade with Europe, there are more than often just two (even if the terms are currently not officially used while the UK remains in the EU): If buying: EXW – You buy the goods and arrange the trucking. DDP – You buy the goods and the seller arranges the trucking. If selling: EXW – You sell the goods and the buyer arranges the trucking. DDP – You sell the goods and arrange the trucking. WHY COULD THESE BE MORE OF A CHALLENGE FROM 1ST JANUARY 2021? Incoterms define who is responsible for customs declarations and any import taxes. Customs declarations will be required after Brexit and under the new Incoterms, a lot of additional responsibility lies with you. DDP DDP = DELIVERED DUTY PAID If you are buying on DDP terms, the buyer is not actually the importer. The supplier is! As well as the export customs entry, the supplier would also be responsible for arranging the import customs entry into the buyer’s country and paying any import taxes. To do this they would need an EORI number and a VAT number in the buyer’s country. DDP = DELIVERED DUTY PAID (CONTD) Once the goods are customs cleared, your supplier’s virtual identity would then supply you, the buyer. This then becomes essentially a domestic supply. The supplier’s invoice to you should show their virtual VAT number and they would charge you VAT (if applicable) at the rate in the buyer’s country. DDP = THE SOFTER VERSION There is a further DDP option where the buyer remains the importer of record on the import customs declaration but this does involve extra liabilities. • Seller arranges the export customs declaration • Seller uses an agent in the buyer’s country to arrange the import customs declaration (agent pays any duty on their behalf and bills back to supplier along with any documentation fee). • Buyer is responsible for import VAT only. DAP = THE ALTERNATIVE The better option might be to switch to DAP terms (Delivered At Place). Under these terms: • Seller arranges the export customs declaration • Buyer arranges the import customs declaration. • Buyer is responsible for import duty and VAT EXW EXW = EX WORKS If you are buying on EXW terms, the seller is not actually the shipper (exporter). The buyer is. As well as the import customs entry, the buyer would also be responsible for arranging the export customs entry out of the seller’s country. Another point of note is that the export sale is zero rated for VAT, so the seller has a vested interest in having the export declaration done correctly (to discharge VAT liability) and may want to do this themselves. FCA - THE ALTERNATIVE The better option might be to switch to FCA terms (Free Carrier). Under these terms, the • Seller arranges the export customs declaration • Buyer arranges the import customs declaration. • Buyer is responsible for import duty and VAT. DOWNLOAD THE ICC INCOTERMS® 2020 MOBILE APP WE STAY CONNECTED You can now download the official ICC Incoterms® 2020 Mobile App to: • Understand which trade term to include in your sales contracts, depending on the mode of transport. • Connect with ICC’s global network of experts to get advice on the most pressing Incoterms® 2020 rules questions facing your enterprise. • Discover events and specialised trainings taking place worldwide. • Read comprehensive up-to-date news coverage. Download to your mobile device via the Apple App Store or Google Play here! WE DELIVER BREXIT & INCOTERMS We care. We connect. We deliver. woodlandgroup.com.
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