VAT, Excise and Customs Statutory Instruments

Statutory Instruments, explanatory memoranda and impact assessment in preparation for day 1, if the UK leaves the EU with no deal, relating to the UK's withdrawal from the EU.


The Withdrawal Agreement, which sets out the terms of the UK’s exit from the EU, and the Political Declaration, on the future relationship between the UK and EU, were endorsed by leaders at a meeting of the European Council on 25 November. The UK Government wants a smooth and orderly exit from the EU, with a deal, that protects our union, gives us control of our borders, laws and money, and means that we have an independent trade policy. Delivering the deal negotiated with the EU remains the Government’s top priority, however, the Government is accelerating no deal preparations to ensure the country is prepared for every eventuality, which is the responsible thing to do.

Leaving the EU without a deal

In the event of leaving the EU without a deal, legislation will be necessary to ensure the UK’s Customs, VAT and Excise regimes function as intended after the UK leaves the EU and so, on a contingency basis, HM Treasury and HM Revenue and Customs have started to lay in Parliament a number of Statutory Instruments (SIs) under the Taxation (Cross-border Trade) Act 2018 (TCTA) and the EU Withdrawal Act 2018 (EUWA).

Statutory Instruments

As these Statutory Instruments (SI’s) are laid they, and any accompanying documentation, will be published on this page. This will include an impact assessment, draft notices and public notices that will be made before exit, under these SIs and the TCTA respectively. These documents are held also listed beneath the SI to which they relate.

This legislation is designed to broadly replicate the current EU legislation but will also introduce new policy to minimise disruption of trade fluidity at the UK’s borders. To further support this there are step by step guides to importing and exporting on GOV.UK which explain the steps that businesses can take to prepare for a no deal scenario and a partnership pack to help intermediaries and other third parties prepare businesses for a no deal scenario.

HMRC has also recently issued a series of letters to over 144,000 VAT-registered businesses trading with the EU only on the actions they need to take and changes they need to be aware of, and intends to issue further communications to support business readiness as EU exit day approaches.

Published 27 November 2018