We have been trading on amazon.de from 2012 to 2016 and wrongly paid the German VAT and included it to our UK turnover and paid HMRC.
To add the turn over for 2012 was €102.445 and €101,675 for 2013.
2014 to 2016 was roughy €40,000 each year
Can we claim this back from HMRC as this was a mistake and we need to repay it to German VAT?
We have calculated the german VAT to be roughly £50k and I'm pretty sure we can not reclaim the VAT back from HMRC due to the 4-year limitation.
The concern is that the German VAT office may pursue this and use MARD to reclaim the unpaid VAT for which by mistake was paid to Germany.
If this was pursued under MARD whats the chances of HMRC chasing the debt on behalf of Germany when we already paid it to HMRC?
If HMRC did chase do we have a leg to stand on if we were to legally challenge it?
Bit miffed as we were not aware we had to be registered and literally just over the limit.
Any help appreciated