Page 119 - Sothebys Fine Japanese Art London, November 2018
P. 119

prior to the sale to discuss any specific   2.  PROPERTY WITH A † SYMBOL  be cancelled or refunded by Sotheby’s,   Proof of export required
           shipping requirements.                             however you may be able to seek
                                    These items will be sold under the normal          •  for lots sold under the margin scheme
           Please refer to VAT information for   UK VAT rules and VAT will be charged at   repayment) by applying to HM Revenue   (no VAT symbol) or the normal VAT rules
                                                              and Customs - see ‘VAT Refunds from HM
           Buyers for VAT symbols used in this   the standard rate on both the hammer   Revenue and Customs’)  († symbol), Sotheby’s is provided with
           catalogue. Value Added Tax (VAT) may be   price and buyer’s  premium.       appropriate documentary proof of export
           payable on the hammer price and/or the   Please see ‘Exports from the European   (VAT-registered buyers from the UK   from the EU. Buyers carrying their own
           buyer’s premium. Buyer’s premium may   Union’ for the conditions to be fulfilled   should note that the invoice issued by   property should obtain hand-carry papers
           attract a charge in lieu of VAT. Please read   before the VAT charged on the hammer   Sotheby’s for these items is not suitable   from the Shipping department to facilitate
           carefully the “VAT INFORMATION FOR   price may be cancelled or refunded.    evidence in respect of import VAT.)  this process.
           BUYERS” printed in this catalogue.                  On request, immediately after sale, the   •  for lots sold under Temporary
                                      (VAT-registered buyers from other EU
                                    countries may have the VAT cancelled   Temporary Admission Department can   Admission (‡ or Ω symbols), and
           VAT AND OTHER TAX        or refunded if they provide Sotheby’s   either ask HM Revenue and Customs to   subsequently transferred to Sotheby’s
                                                              generate a C79 certificate (for UK buyers),
                                                                                       Customs Warehouse (into Bond). The
           INFORMATION FOR BUYERS   with their VAT registration number and   or obtain a copy of the import C88 (for   property must be shipped as described
                                    evidence that the property has been
           The following paragraphs are intended   removed from the UK within three   other EU VAT registered buyers), which   above in the paragraph headed Property
           to give general guidance to buyers on   months of the date of sale.  The evidence   may be used to claim recovery of the VAT.    with a ‡   or a Ω symbol.
           the VAT and certain other potential tax   of removal required is a certificate of   Otherwise Sotheby’s may re-invoice the   •  buyers carrying their own property
           implications of purchasing property at   shipment or, if the lots were carried by   lot as if it had been sold with a † symbol   must obtain hand-carry papers from the
           Sotheby’s.  The information concerns   hand, proof of travel and completion of a   and charge VAT at the standard rate on   Shipping Department for which a small
           the most usual circumstances and is not   form available from the Post Sale Service   both the hammer price and premium and   administrative charge will be made. The
           intended to be complete.  In all cases the   Group.  provide a tax invoice to the buyer. This   VAT refund will be processed once the
           relevant tax legislation takes precedence          may enable a buyer who is VAT registered   appropriate paperwork has been returned
           and the VAT rates in effect on the day   3.  PROPERTY WITH A α SYMBOL  elsewhere in the EU to avoid payment of   to Sotheby’s.
           of the auction will be the rates charged           VAT in the United Kingdom. Re-invoicing in
           except for lots sold subject to Temporary   Items sold to buyers whose address is in   this way may make the lot ineligible to be   •  Sotheby’s is not able to cancel or refund
           Admission for which the applicable   the EU will be assumed to be remaining   re-sold using the margin scheme.  any VAT charged on sales made to UK
           rate will be that in force at the time of   in the EU.  The property will be invoiced   Sotheby’s will transfer all lots sold   or EU private residents unless the lot is
           collection. It should be noted that, for VAT   as if it had no VAT symbol (see ‘Property   subject to Temporary Admission to its   subject to Temporary Admission and the
           purposes only, Sotheby’s is not usually   with no VAT symbol’ above).  However, if   Customs warehouse immediately after   property is exported from the EU and
           treated as an agent and most property is   the property is to be exported from the   sale.  the requisite export papers provided to
           sold as if it is the property of Sotheby’s.  EU, Sotheby’s will re-invoice the property   Sotheby’s within one month of collection
                                    under the normal VAT rules (see ‘Property          of the property.
            In the following paragraphs, reference   sold with a † symbol’ above) as requested   5.  EXPORTS FROM THE
                                                              EUROPEAN UNION
           to VAT symbols shall mean those symbols   by the seller.                    •  Sotheby’s is not able to cancel or refund
           located beside the lot number or the               The following amounts of VAT may be   any VAT charged on sales to UK or EU
                                      Items sold to buyers whose address
           pre-sale estimates in the catalogue (or   is outside the EU will be assumed to be   cancelled or refunded provided Sotheby’s   private residents unless the lot is subject
           amending sale room notice).                        receive the appropriate export documents   to Temporary Admission and is shipped as
                                    exported from the EU.  The property will   within the time limits stated:  described above.
           1.  PROPERTY WITH NO VAT SYMBOL  be invoiced under the normal VAT rules
                                    (see ‘Property sold with a † symbol’   Property with no VAT symbol (see   Buyers intending to export, repair,
           Where there is no VAT symbol, Sotheby’s   above). Although the hammer price will   paragraph 1)   restore or alter lots sold under Temporary
           is able to use the Auctioneer’s Margin   be subject to VAT this will be cancelled   The amount in lieu of VAT charged on   Admission (‡ or Ω symbols) and therefore
           Scheme and VAT will not normally be   or refunded upon export - see ‘Exports   Buyer’s Premium may be refunded   transferred to Customs Warehouse
           charged on the hammer price.  from the European Union’.  However,   provided the purchaser resides outside   after sale should notify the Shipping
            Sotheby’s must bear VAT on the   buyers who are not intending to export   of the United Kingdom and the property   Department before collection. Failure
           buyer’s premium and hence will charge an   their property from the EU should notify   is exported from the EU within 3 months   to do so may result in the import VAT
           amount in lieu of VAT at the standard rate   our Client Accounts Department on the   of the sale.  Sotheby’s must be provided   becoming payable immediately and
           on this premium.  This amount will form   day of the sale and the property will be re-  with the appropriate proof of export   Sotheby’s being unable to refund the VAT
           part of the buyer’s premium on our invoice   invoiced showing no VAT on the hammer   immediately after export of the goods.  charged on deposit.
           and will not be separately identified. A   price (see ‘Property sold with no VAT   Property with a † symbol   6.  VAT REFUNDS FROM HM
           limited range of goods, including most   symbol’ above).  The VAT charged upon the hammer price   REVENUE AND CUSTOMS
           books, are not liable to VAT and therefore         may be refunded provided the purchaser
           no amount in lieu of VAT will be added to   4.  PROPERTY SOLD WITH   resides outside of the United Kingdom   Where VAT charged cannot be cancelled
                                    A ‡ OR Ω SYMBOL
           the premium.                                       and the property is exported from the EU   or refunded by Sotheby’s, it may be
                                    These items have been imported from   within 3 months of the sale.  Sotheby’s   possible to seek repayment from HM
            Please see ‘Exports from the European   outside the EU to be sold at auction under   Revenue and Customs.  Repayments in
           Union’ for the conditions to be fulfilled   Temporary Admission.  When Sotheby’s   must be provided with the appropriate   this manner are limited to businesses
           before the amount in lieu of VAT on the   releases such property to buyers in the   proof of export immediately after export   located outside the UK.
           buyer’s premium may be cancelled or   UK, the buyer will become the importer   of the goods.
           refunded.                and must pay Sotheby’s import VAT at the   Property with a ‡ or a Ω symbol   Claim forms are available from:
                                                                                         HM Revenue and Customs
            (VAT-registered buyers from within the   following rates on the hammer price:  The Temporary Admission VAT charged on   VAT Overseas Repayments Unit
           European Union (EU) should note that   ‡    -  the reduced rate  the hammer price may be refunded under   PO Box 34, Foyle House
           the amount in lieu of VAT contained within   Ω   -  the standard rate  the following circumstances:-  Duncreggan Road, Londonderry
           the buyer’s premium cannot be cancelled   You should also note that the   •  Sotheby’s is instructed to ship the   Northern Ireland, BT48 7AE
           or refunded by Sotheby’s or HM Revenue   appropriate rate will be that in force on   property to a place outside the EU  Tel:  +44 (0)2871 305100
           and Customs.)            the date of collection of the property   •  The property is hand carried from the   Fax: +44 (0)2871 305101
            Buyers requiring an invoice under the   from Sotheby’s and not that in force at   UK directly outside the EU and Sotheby’s   enq.oru.ni@hmrc.gsi.gov.uk
           normal VAT rules, instead of a margin   the date of the sale.  pre lodge the export entry with HMRC  7.  SALES AND USE TAXES
           scheme invoice, should notify the Post   These lots will be invoiced under the
           Sale Service Group or the Client Accounts   margin scheme. Sotheby’s must bear   •  The VAT liability is transferred to your   Buyers should note that local sales taxes
           Department on the day of the auction and   VAT on the buyer’s premium and hence   shipper’s own Temporary Admission or   or use taxes may become payable upon
           an invoice with VAT on the hammer price   will charge an amount in lieu of VAT at   Customs Warehouse arrangement prior to   import of items following purchase (for
           will be raised.  Buyers requiring reinvoicing   the standard rate on this premium. This   collection from Sotheby’s  example, use tax may be due when
           under the normal VAT rules subsequent   amount will form part of the buyer’s   Under all other circumstances   purchased items are imported into certain
           to a margin scheme invoice having been   premium on our invoice and will not be   Sotheby’s is required to complete the   states in the US). Buyers should obtain
           raised should contact the Client Accounts   separately identified.  importation and pay the VAT due to   their own advice in this regard.
           Department for assistance.                         HM Revenue and Customs prior to the   In the event that Sotheby’s ships items
                                      (VAT-registered buyers from the EU   property leaving its premises and so a VAT
                                    should note that the import VAT charged   refund will not be possible.  for a purchaser in this sale to a destination
                                                                                       within a US state in which Sotheby’s is
                                    on property released in the UK cannot
                                                                                         FINE JAPANESE ART   117
   114   115   116   117   118   119   120   121   122   123   124