The Duty Deferment Scheme and financial guarantees

You have to pay VAT and Import Duty when you import goods to the UK. You can use the Duty Deferment Scheme (DDS) to make monthly payments to HMRC through a Deferment Approval Number (DAN).

To use the DDS, you have to give HMRC a guarantee through your bank that you can meet the cost of all your VAT and duties.

Simplified Import VAT Accounting (SIVA) can reduce the amount of the guarantee so it only covers duty, not VAT.

Conditions for SIVA approval

If you do not already have a deferment account, you should apply for SIVAfirst.

To get SIVA approval, you must have a high level of control of your operations and flow of goods. You’ll need to demonstrate good record keeping that allows proper customs controls to be followed, and a good history of VAT compliance.

Ideally, you’ll have been registered for VAT for at least 3 years. You can still apply if you have not, but you’ll be subject to more financial and credibility tests.

You cannot use SIVA if you:

• owe money to HMRC
• have been charged with a serious offence by HMRC
• have defaulted on deferment account payments more than once in the last 12 months
• have incurred any default surcharges in the last 12 months
• have transferred the business as a going concern in the last 3 years – unless the transfer happened because of a change in legal status, such as becoming a limited company

Your financial status

Your SIVA application will be rejected if your business is in financial difficulties, such as:

• administration
• liquidation
• insolvency
• receivership

You can apply for SIVA when your business is no longer in financial difficulty as long as you meet the approval conditions.

Additional checks

If you have not had a DAN before, HMRC may carry out more checks. They can ask for:

• your audited accounts from the last 3 years
• a credit check on your business

Apply for SIVA

You need to complete form SIVA1 and questionnaire SIVA1a to apply. HMRC usually send you a decision within 120 days, but will send you an acknowledgement if they cannot. You still need to guarantee to cover both VAT and duties until your SIVA application is approved.

If your business has more than one DAN, you’ll need to apply for SIVAseparately for each account.

If you do not get approval, you can reapply at any time.

Operating SIVA

You’ll get a letter of approval from HMRC if your application is accepted. You’ll need to fill in form SIVA2 with details of the amount you’ll be deferring each month.

If you do not send this form to HMRC within 6 months of your approval letter, your SIVA approval will be cancelled and you’ll have to apply again.

Conditions for continued approval

You still need to meet the conditions for SIVA approval to continue using the scheme.

If you fail to meet the conditions at any time, approval can be suspended or withdrawn and you’ll have to immediately provide a guarantee to cover all VAT liabilities. If you do not, HMRC will reduce or suspend your deferment account limit.

SIVA for agents

Any agent can apply for SIVA.

If you’re an ‘indirect’ agent who acts in your own name, you’re jointly liable with your client for any customs debt.

If you’re a ‘direct’ agent who acts in your client’s name, you are not liable for the customs debt. HMRC will treat any payments you make from your DAN as payments on behalf of your client.

You must meet any liabilities that are set against your deferment accounts, or your SIVA approval will be withdrawn.

Duty of care

You need to check who you’re doing business with as SIVA may be desirable to fraudsters. You must make reasonable checks to establish the integrity and reliability of your customers.

HMRC cannot tell you exactly what checks you should make, but you should consider:

• the nature of the supply – certain goods such as mobile phones are favoured by fraudsters
• aspects of payment arrangements and conditions
• details of the movement of goods involved

Contact the HMRC Fraud Hotline to report any suspicious transactions.