Back in 2022, I sat down for the first time with a client who was doing everything right. A brand that had grown fast over the previous year, built on a strong product and placed a smart bet on Amazon.
It was the kind of growth a lot of companies saw during COVID, when “thinking outside the box” was a need for companies to survive.
They signed up for Amazon Pan-European FBA allowing Amazon to move the stock between their EU warehouses. In terms of sales, it had a real positive impact. Still, a few months later, letters started arriving from different Tax Offices saying that the company had failed to register for VAT. What VAT?
What happened?
Moving stock across Amazon’s European warehouses was quietly triggering VAT registration obligations in every country where that stock was being held. By the time the letters were received, the VAT exposure was not just for one month or one country. It was backdated and spread across several jurisdictions.
From there, we had to do some damage control. We needed to register for VAT as fast as possible, get current reporting working and go back and clean everything that should have been declared months earlier. That meant long conversations with tax authorities, trying to mitigate penalties and interest and explaining the situation over and over, in English, in German, in Spanish…
What is important to know
There is a meaningful difference between fulfilling orders locally, from your own country of establishment, and letting a marketplace move and store your stock across borders on your behalf.
One question that we get often is “Doesn’t One Stop Shop (OSS) cover it all?” OSS lets companies report sales to consumers across the EU through one Member State instead of registering separately in every country where their customers are. However, if Amazon or another marketplace moves your inventory into a warehouse in Poland, for example, even before that first sale, that movement will trigger a Polish VAT registration.
As a way of example, if you are a Spanish company that is using Pan-European FBA to sell across markets in Europe:
| Country | Amazon listing/sales | Inventory stored? | VAT registration due to FBA storage? |
| Spain | Home establishment | No Pan-EU storage | Existing Spanish VAT |
| Germany | Yes | Yes | Yes |
| France | Yes | No | No |
As you can see, the registration in Germany has nothing to do with how many sales were made there. Instead, we are looking at the stock sitting in the German warehouse.
I always try to reinforce the same thing with clients: planning ahead is key. That means making sure every department, from Sales to Tax, is aligned before the operating model is chosen.
Having the option to be close to your customers is something available like never before. But planning is essential. Because it’s rarely the VAT itself that causes headaches. It’s everything around it: late registration penalties, interest, audits, paperwork, and administrative burden…
The short version:
- Selling more in a country does not create a VAT registration. Storing stock there does.
- OSS covers cross-border sales. It does not cover VAT created by moving your own inventory between countries.
The details differ more by country than most sellers expect, and some of the “rules” that circulate online, fixed guarantee amounts, blanket mandatory dates, turn out to be oversimplified once you check the actual source.
Know where your stock sits. Know what that means for VAT. Sometimes, subscribing to an automated platform simply is not enough. An open conversation with Leyton about how VAT fits into your future plans can help you start this journey with confidence, knowing that everything is being taken care of.
If this sounds familiar, or you are unsure where to go from here or how to tackle your current obligations, feel free to reach out and book a meeting with our VAT experts.