Tranona
Well-Known Member
This 7 years bit is, as I say, a red herring. If HMRC think there is a VAT liability then it is because they believe that a transaction has occurred that gave rise to a liability. Age of the boat or time since the transaction is irrelevant.I am simply saying that in business you are only required to maintain records, including those for vat, for 7 years. The onus would be on HMRC to prove vat hadn't been paid, so for a boat with 7 years + ownership records being in the UK and owned by UK or EU citizens, not sure they could do that to the satisfaction of a Court.
The 2 most likely scenarios are that a VAT registered vendor failed to account for the VAT, in which case it is the vendor that is responsible, not the buyer. The second is if VAT was not paid in the original purchase, because it was either exported (if bought in the EU) or originates from outside the EU and is being imported. Then the person importing is responsible, but the liability could remain with the boat.
UK/EU ownership in itself is no evidence that there is no VAT liability, although if the original purchase was by a private individual and a trail of private owners probably means the chances of a liability are small to non existent. On the other hand somebody could smuggle a boat in, not pay VAT, sell the boat on years later but there would still be a liability.
There are so many different scenarios that you can't make a generalised statement about liability - it depends entirely on the facts. The examples given are just to illustrate circumstances where the risk is higher.
The major concern for many is not the possibility of a liability, but the EU requirement that evidence of VAT payment is required for free movement around the EU. However, experience has shown that most states do not make a big issue of this and boats move freely without any inspection of evidence, nor action in the absence of evidence.