SELLER REPORTING – DAC7 & UK PLATFORM REPORTING

DAC7 is an EU Directive (EU 2021/514) which introduced reporting requirements for digital platforms, including online auction houses. Similar reporting requirements apply in the UK under The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023.

Under the UK reporting rules, Scotch Whisky Auctions is required to report qualifying sellers who are resident in the UK or in another Reportable Jurisdiction. The countries treated as Reportable Jurisdictions are determined by HMRC and may change from one reporting year to another.

For sales of goods, seller information is generally reportable where a seller completes 30 or more sales (lots) in a calendar year, or receives more than €2,000 in total consideration during that calendar year.

Sellers who complete fewer than 30 sales and receive €2,000 or less in total consideration during the calendar year are generally excluded from reporting under these rules.

If you meet the applicable reporting requirements in a calendar year you will receive an email and be prompted to supply the following information in your account:

Private sellers:

1. First and last name

2. Residency address

3. Tax identification number (TIN) or place and country of birth, if you don’t have a TIN

4. Date of birth

Business sellers:

1. Legal company name

2. Registered business address

3. Tax identification number (TIN)

4. Value added tax (VAT) number

5. Business registration number

6. Existence of a permanent establishment (PE) in the EU

Scotch Whisky Auctions reports seller information in accordance with applicable UK platform reporting legislation and international information-sharing arrangements. Information reported to HM Revenue & Customs (HMRC) may be shared with the relevant tax authority in the country where a seller is resident.

We will also provide you with details of the information reported in respect of you, where required, to assist you with your tax affairs.

All information collected for these purposes will be securely stored within your MySWA account and processed as necessary to comply with our legal and regulatory obligations and in accordance with our Privacy Notice.

These reporting requirements do not change what is taxable, and being reported does not necessarily mean that you have tax to pay. The legislation changes how online platforms collect seller information and report sales data to tax authorities. Your individual tax position will depend on your circumstances and the applicable tax rules in your country. If you have questions about your tax position, you should contact the relevant tax authority or seek professional tax advice.

If you do not supply the information requested, this may result in delays or withholding of payment. We are required to collect and verify certain information in order to comply with our legal obligations.