Mict

Hi,

I have made a bit of research about this but all official websites are not very clear.
So I am a EU citizen but resident of the US (not US citizen, just allowed to work here).

The VAT refund rule for EU citizen living abroad allows VAT refund if "you can show that you will be staying outside the EU for at least 12 months" Source: https://www.gov.uk/government/public...ping-in-the-uk

I have been in the US for a few years now and I visits family in Europe at least 4 times a year and would like to take advantage of the VAT refund. Now, when I visit and leave the EU back to the US and apply for VAT refund, do I need to prove that I need to stay at least 12 MORE months after my visit or does the 12 months minimum also take into account the time I spent in the US before my visit too?

If it's the first case and need to prove that I will stay at least 12 more months, how does one get such a proof? I mean I can show I have a job here, an apartment lease, etc but none of these docs technically prove I will stay more than 12 more months here.
Moreover, my work authorization expires in less than 12 months so that won't work. I will get it renewed but can't do so prior to 90 days before its expiration...

But if my past stay counts, then that works perfectly, I can easily show I have been living outside the EU for a few years.

If anyone could enlighten me, I would appreciate it!

Ditto

Will you actually be staying in the UK? As I suspect other countries might have different regulations.
Also what you quote seems to refer to "a resident of the EU", which you are not, showing your US permanent visa/residence card should probably be enough.

Mict

No I will be staying in BRU for 5 days then heading back with LHR as my exit point (where I would do the formalities).

But yes your second comment makes sense but the visa/work permit I have is not permanent, that's why I am not sure.
Because I am also going to HKG fairly soon so would rather do my shopping there if I can't do VAT refund in Europe.

Thanks for the feedback!

Ditto

Well, you've been there for 5 years, I would call that pretty much permanent, maybe bring copies of the previous ones if it was renewed every year?

:D!

That isn't what it says.

You are not a resident of the EU, so this does not apply to you.

The only thing you would need to prove is that you live in the US.

dulciusexasperis

Hmm, we don't know the OP's exact situation in regards to residency and it is by no means a simple question to answer. Residency and domicile are two legal terms that have specific meanings and you can throw in 'deemed' residency or domiciled as well.

https://www.expertsforexpats.com/exp...and-residence/

Then just to top it off, you would need a specific definition of what the department you are quoting means by 'resident' in that specific quote. Ain't bureaucracy and legal speak grand.

GUWonder

I have known of EU citizens who are listed as resident in Sweden or Finland with those governments and yet manage to get VAT refund at CPH on their way to the Americas or Asia when showing proof of residency rights/status in parts of the Americas or Asia.

Mict

Thanks for all the inputs, I guess I will try on my next visit on smaller items, see how it goes and then will know for sure.

I know I am vague with my exact situation (exact visa, status, etc) but I am not too comfortable sharing that kind of personal information on a public forum.

LondonElite

If you are a permanent resident outside the EU, you will be able to claim your refund. No need to make it more complicated. I used to do this all the time.

Aviatrix

I have family who are resident and ordinarily resident in the Channel Islands (i.e. outside the EU) but domiciled in the UK (because if you're British it's pretty much impossible to lose your UK domicile). They have no problems in claiming back VAT on goods they take to the Channel Islands (and it doesn't matter that they are in the UK every few weeks - it's where you live that counts)

NickB

Is there any country other than the UK that uses a notion of domicile distinct from residence? I can't think of any. I always thought that domicile as a distinct legal concept was a singular British oddity.

In any event, I do not think that the OP needs to torture his or her mind too much on this. If (s)he can establish that (s)he is permanent resident outside the EU, I can't see the VAT refund being a problem.

GUWonder

A person can be legally domiciled in some US locality even as the person is legally resident outside the US. This comes up, for example, for US citizens who have moved abroad without any physical residential ties to the US or who are born abroad under such circumstances. The terminology may not be exact, but there is a legal difference in practice under some circumstances in the US.

Also, due to British colonialism, there is at least one other example where it's possible for a person to be domiciled in a jurisdiction while not being considered resident thereof by the former British colony's UK-recognized national government. I won't say more about that.

Some civil law countries may also have a distinction, as in a place of origin may be considered the place of domicile while the place of actual physical residence for legal purposes may be different than the place of domicile.