UK Retailers Urge Consultation on Online VAT Reform

A coalition led by the British Independent Retailers Association has asked HM Treasury to run a formal consultation on online VAT reform, focused on marketplace liability rules. 

The coalition’s concern is the “UK‑establishment” boundary. Today, marketplaces account for VAT in defined situations, mainly where the seller is not established in the UK. The letter argues that some overseas sellers exploit this by presenting themselves as UK‑established, which can mean VAT is not collected and compliant UK retailers are undercut. 

Bira says independent analysis suggests the leakage could be around £700 million a year. 

That £700 million estimate sits within a wider VAT compliance picture. HMRC’s preliminary estimate of the overall UK VAT gap for tax year 2024 to 2025 is 6.2% (a point estimate of £11.4 billion). 

The push is broad-based, with professional and industry bodies among the co-signatories, including the Association of Chartered Certified Accountants, the British Retail Consortium and the Chartered Institute of Taxation. 

The government has already signalled this is on the agenda. In Spring 2025, it said the 2021 reforms improved VAT compliance, but that compliance challenges remain and further reform will be explored through engagement with stakeholders. 

How VAT Online Marketplace Liability Rules Work in the UK Today

In practice, VAT liability turns on where the goods are at the point of sale, the consignment value, the customer type (consumer vs VAT‑registered business) and whether the seller is UK‑established. 

Key VAT online marketplace liability rules to know:

Low-value imports (goods outside the UK at sale): 

If the consignment is £135 or less, the marketplace must charge and account for VAT at the point of sale unless it is a B2B sale and the customer provides a valid UK VAT number. 

UK‑located goods sold by overseas sellers:

If an overseas business sells goods already in the UK via a marketplace, the marketplace is liable for VAT on goods of any value (subject to the business customer rules where a VAT number is provided). 

Invoices and records: 

HMRC guidance expects marketplaces to issue VAT invoices in many cases and keep records (including invoices) for six years. 

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Two enforcement levers matter for platforms:

“Reasonable steps” and evidence:

HM Revenue & Customs guidance published in June 2025 says marketplaces should take all reasonable steps to confirm whether a seller is established outside the UK, keep evidence, and may be assessed for outstanding VAT if the liability is applied incorrectly and evidence is not there. 

Joint and several liability (“knew or should have known”):

HMRC may hold a marketplace liable where it knew or should have known an overseas seller should register for VAT but had not, and the marketplace did not stop the seller trading within the required timeframe. 

In parliamentary answers, the Treasury has said the 2021 changes were designed to level the playing field and improve compliance. It also cited an Office for Budget Responsibility certified analysis estimating the measures (with the abolition of Low Value Consignment Relief) will raise £1.8 billion per year by 2026–27. 

Where Retailers and Watchdogs Say the System is Being Exploited

The risk is not “no rules”. It is the gap between what the rules assume and what platforms can verify in real time.

The National Audit Office has said HMRC has raised more tax from online retail by making marketplaces liable for VAT on overseas sellers’ sales, but that significant weaknesses remain, particularly the ability of overseas businesses to falsely represent themselves as UK‑established. 

The Public Accounts Committee has also highlighted that overseas sellers can evade VAT by falsely presenting themselves as UK‑established, and that marketplaces must determine the correct liability or demonstrate reasonable steps. 

HMRC’s evidence to the Committee indicates active enforcement. It states that, where HMRC considers a marketplace has not taken all reasonable steps to verify a seller’s establishment, VAT assessments have been (or may be) issued. 

For compliant sellers, the commercial effect is straightforward. If one seller charges VAT correctly and another does not, the price distortion can be immediate. 

What a Treasury Online VAT Reform Consultation Could Change

The coalition is asking the Treasury to consult on extending marketplace liability rules, so platforms become responsible for VAT more broadly and the “false UK establishment” route is closed. 

An online VAT reform consultation is likely to focus on four practical design choices.

• A broader deemed‑seller model. One option is to make the marketplace the default VAT collection point for UK consumer goods sales it facilitates, regardless of where the seller claims to be established. 
• Protection for micro sellers. The coalition suggests excluding unregistered sellers so that small firms below the VAT threshold are not pushed into disproportionate admin. The VAT registration threshold has been £90,000 since 1 April 2024. 
• Clearer expectations on checks and evidence. HMRC’s guidance lists examples of checks (VAT number matching, companies’ data, financial signals). Government could decide whether parts of this should become mandatory for larger platforms. 
• Alignment with low-value imports reform. In January 2026, HM Treasury and HMRC opened a consultation on reforming the customs treatment of low-value imports and explicitly flagged possible VAT collection changes to align with new customs arrangements. 

How We Can Help Retailers

Apex Accountants help retailers and online sellers stay compliant and protect margin.

We typically support clients with:

• VAT registration planning and threshold monitoring.
• Marketplace VAT reviews (including the £135 consignment rule).
• Evidence packs for seller “establishment” checks and platform KYC.
• VAT returns, reconciliations and Making Tax Digital processes.
• Support with HMRC enquiries, assessments and remediation.

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Call Anytime 0203 883 4777

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Conclusion

The February 2026 coalition letter is a clear signal that online VAT enforcement alone may not be enough. Both industry groups and public bodies have pointed to the same pressure point: overseas sellers who can present themselves as UK‑established, shifting liability away from marketplaces and creating VAT leakage. 

A formal Treasury consultation would allow the government to test whether extending marketplace liability, with safeguards for micro sellers, is the cleanest route to fair competition and better compliance in UK e-commerce. 

FAQs on VAT Reform   

1. Do I need to register for VAT if I sell online? 

You must register if taxable turnover exceeds £90,000 over a rolling 12 months. Some sellers register voluntarily, but there should be a cashflow plan. 

3. When does the marketplace charge VAT instead of me? 

Broadly, for low value imports (≤£135) sold to consumers and for goods already in the UK sold by overseas sellers via a marketplace, the marketplace accounts for VAT. 

4. What does “reasonable steps” mean? 

HMRC does not prescribe a single checklist. It expects marketplaces to decide what is appropriate, keep evidence, and be able to justify actions if challenged. 

5. Can a marketplace be liable for a seller’s unpaid VAT? 

Yes. HMRC can apply joint and several liability approaches and expects marketplaces to act when an overseas seller should be registered but is not. 

6. Can the marketplace remove me if I do not provide VAT details? 

HMRC guidance says marketplaces may remove sellers who do not provide a valid VAT number when required or where the trading account name cannot be matched with VAT registration details.