Chapter 24 • Charge to value added tax (VAT) • Registration An introduction to VAT • Transfer of going concern • Administration of VAT • Tax point • Impairment losses (bad debts) • Recovery of input tax BPP LEARNING MEDIA Syllabus learning outcomes 1 • Recognise the circumstances in which a person must register or deregister for VAT (compulsory) and when a person may register or deregister for VAT (voluntary) • Recognise the circumstances in which pre-registration input VAT can be recovered • Explain the conditions that must be met for two or more companies to be treated as a group for VAT purposes, and the consequences of being so treated • Calculate the amount of VAT payable/recoverable • Explain how VAT is accounted for and administered BPP LEARNING MEDIA Syllabus learning outcomes 2 • Recognise the tax point when goods or services are supplied • Explain and apply the principles regarding the valuation of supplies • Recognise the principal zero rated and exempt supplies • Recognise the circumstances in which input VAT is nondeductible • Recognise the relief that is available for impairment losses on trade debts • Understand the treatment of the sale of a business as a going concern BPP LEARNING MEDIA Chapter summary diagram 1 Value added tax Charge to VAT Registration Transfer of going concern Standard 20% Compulsory Reduced 5% Voluntary Zero 0% De-registration Exempt BPP LEARNING MEDIA Group Chapter summary diagram 2 Value added tax Administration of VAT BPP LEARNING MEDIA Tax point Impairment losses Recovery of input tax Tackling the exam • You should expect to see value added tax tested in both Section A and Section B. • Value added tax may also be tested in Section C. • Registration is a key topic: you may be asked when a person should register for VAT and the implications of registration. • The tax point is highly examinable, as is the relief for impairment losses on trade debts. BPP LEARNING MEDIA Introduction to value added tax (VAT) 1 • VAT is charged on taxable supplies of goods and services in UK made by taxable persons in course of their business. • A taxable person is a person who is registered for VAT (or who is required to be registered for VAT). A person may be a sole trader, a partnership, a company, a club, association or charity. • A taxable supply is ‘any supply of goods or services made in the UK other than exempt supplies or those outside the scope of VAT’. • An exempt supply is a supply on which output VAT cannot be charged, neither input VAT cannot be recovered. An exempt supplier has to shoulder the burden of VAT. They may increase their prices to pass on the charge to their customers. BPP LEARNING MEDIA Introduction to value added tax (VAT) 2 • There are three types of taxable supplies, each taxable at a different rate of VAT: 1. Reduced rated (5%): e.g. Domestic fuel and power, Installation of energy-saving materials etc 2. Zero rated (0%):applies to supplies of goods and services that are considered to be essential requirements e.g. non luxury food, books, children's clothes and footwear 3. Standard rated (20%):If a supply is not zero-rated, is not exempt and is not reduced-rated then it is treated as standard-rated NB: A taxable supply is one on which output VAT is chargeable and input VAT can be recovered • The main supplies that are outside the scope of VAT are; payment of wages & salaries, transfer of business on going concern and dividends. BPP LEARNING MEDIA Registration 1 Supplies TAXABLE Std/reduced rated Zero rated 0% Register with HMRC Recover INPUT VAT BPP LEARNING MEDIA EXEMPT Cannot register Cannot recover INPUT VAT Compulsory Registration • Registration is compulsory if: 1. At the end of any month taxable supplies over the previous 12 months {or since business commenced if shorter} have exceeded £85,000 (historic test) 2. In the next 30 days, taxable supplies are expected to exceed £85,000 (future test) • Requirement may be waived if can satisfy HMRC that taxable supplies in the following 12-month period {from proposed date of VAT registration} will be less than £83,000. • Taxable supplies {sales} is VAT exclusive value of all zero rated and standard rated supplies. but excluding supplies of capital items (for example, sales of non-current assets of the business • A trader need not register if his/her supplies are wholly zero rated BPP LEARNING MEDIA Compulsory Registration If a person is liable to register under : 1. Historic test, they must notify HMRC within 30 days of the end of the month in which the threshold was exceeded (the relevant month). Registration takes effect from the first day after the end of the month following the relevant month 2. Future prospects test, they must notify HMRC by the end of the 30-day period in which the threshold is expected to be exceeded. Registration takes effect from the beginning of the same 30day period BPP LEARNING MEDIA Example historic test registration Fred started to trade in cutlery on 1 January 2021. Sales (excluding VAT) were £8,000 a month for the first nine months and £8,500 a month thereafter. From what date should Fred be registered for VAT? Solution: Sales to 31 October 2021 80,500 Sales to 30 November 2021 89,000 (exceeds £85,000) Fred must notify his liability to register by 30 December 2021 (not 31 December) and will be registered from 1 January 2022 or from an agreed earlier date. BPP LEARNING MEDIA Example Future test registration Cat Ltd signs a lease for new business premises on 1 May 2021 and opens for business on 20 July 2021. The company estimates, from the outset, that taxable supplies will be in the region of £85,500 per month. State when, if at all, Cat Ltd is liable to register for VAT. Solution Cat Ltd is liable to register on 20 July 2021 because supplies for the 30 days to 18 August 2021, are expected to exceed £85,000. BPP LEARNING MEDIA Question: Jack Jack commenced trading on 1 January 2021. His quarterly turnover (spread evenly over the quarter) is as follows: Quarter ended Turnover £ 31 March 2021 7,500 30 June 2021 13,500 30 September 2021 18,000 31 December 2021 24,000 31 March 2022 33,000 30 June 2022 39,000 Required By what date is Jack required to notify HMRC that he is liable to register for VAT? When will Jack be registered for VAT and from what date must he charge his customers VAT? BPP LEARNING MEDIA Answer: Jack Annual turnover does not exceed £85,000 until 31 March 2022 (on a month by month basis – £88,500) therefore Jack does not become liable to register until then. He must then notify the HMRC within 30 days, ie by 30 April 2022. He will then be registered from midnight on 30 April 2022 (or an earlier date by mutual agreement) and, if registered from 30 April 2022, must charge his customers VAT from 1 May 2022. BPP LEARNING MEDIA Question: Jill Jill commenced trading on 1 January 2021 with monthly sales as follows: Goods Goods ABC (standard rated) Goods DEF (zero-rated) Service GHJ (exempt) Turnover per month £ 8,000 7,000 10,000 On 14 April 2021 Jill signed a contract to provide £30,000 of Goods ABC on 2 May 2021 and £47,000 of Goods DEF in addition to the monthly supplies detailed above. BPP LEARNING MEDIA Question: Jill – cont'd By what date is Jill required to notify HMRC that she is liable to register for VAT? And from which date must she be registered? Notify 30 July 2021 and register from 1 August 2021 Notify 30 May 2021 and register from 1 June 2021 Notify 14 April 2021 and register from 14 April 2021 Notify 13 May 2021 and register from 14 April 2021 BPP LEARNING MEDIA Answer: Jill Answer: Notify 13 May 2021 and register from 14 April 2021 The historical test would be breached on 31 May 2021. Taxable supplies in the first five months amount to 5 (£8,000 + £7,000) = £75,000 plus the special orders placed in May take the total to above £85,000. The future test is breached on 14 April 2021 because on that date Jill knows her taxable supplies will exceed the registration threshold as £8,000 + £7,000 + £30,000 + £47,000 = £92,000. Notification is required 30 days from the test (count 14 April as day 1) and registration takes effect on 14 April 2021. BPP LEARNING MEDIA Voluntary Registration A person making taxable supplies below the registration threshold may apply for voluntary registration. HMRC will register that person for VAT from a mutually agreed date. • Advantages: - Able to reclaim input VAT - Avoids late registration penalties - Allows all potentially taxable suppliers to improve their claims for input tax on preregistration expenditures - Give the impression of a substantial business • Disadvantages: - Increases administrative costs i.e. maintenance of records - Reduces the competitive edge and deters business if the customers are not VAT registered BPP LEARNING MEDIA Consequences of Registration Once registered, a taxable person is allocated a VAT registration number {which must be quoted on all invoices} and a ‘tax period’ for filing returns, which is normally every three months. Output tax must be charged on taxable supplies. Input tax (subject to some restriction) is recoverable on business purchases and expenses. Appropriate VAT records must be maintained. This also serves to impose discipline on the business. Exempt traders (eg insurance company): cannot register (as they make no taxable supplies), cannot recover input VAT suffered. BPP LEARNING MEDIA Group Registration A group of companies may apply for the group to be registered as a single taxable person, rather than each company in the group being registered individually. Conditions: 1. 2 or more companies must be associated with each other. That is one company must own 51% or more of the share capital in another company, or 2 companies must be under common control of an individual or holding company. 2. All companies must be UK resident or trading from a permanent establishment in the UK. BPP LEARNING MEDIA Effects of Group Registration 1. The VAT Group is treated for VAT purposes as a single company registered for VAT on its own. 2. There will be 1 VAT registration number for the whole group. 3. One VAT return will need to be filed on behalf of the whole group. 4. The group must have a representative who fills in the VAT return. ―This member will have to gather all of the output and input VAT of the individual members and fill it in on one return. ―This representative is also responsible for paying VAT on behalf of the group BPP LEARNING MEDIA Pros and Cons of Group Registration Advantages of a VAT Group: There is no VAT on intra-group supplies Only one return must be filed, therefore administration costs will be saved. Group registration is optional; not all members of the group have to join the VAT group Disadvantages of a VAT Group: × All members remain jointly and severally liable × A single return may cause administration difficulties in collecting and collating the information × There are special VAT schemes for businesses such as the cash, annual and flat rate schemes. BPP LEARNING MEDIA Deregistration Deregistration may be compulsory or voluntary. Deregistration is compulsory if a person ceases to make taxable supplies and has no intention of making taxable supplies {e.g. if business is sold}. The person must notify HMRC within 30 days. Deregistration will take effect on the date taxable supplies ceased. A person is eligible for voluntary deregistration if his estimated taxable turnover for the next 12 months will not exceed the statutory deregistration threshold. It takes effect from the date on which the request is made or from an agreed later date.. BPP LEARNING MEDIA Consequences of Deregistration On deregistration, VAT is chargeable on all inventory and capital assets in a business on which input tax was claimed, since the registered trader is in effect making a taxable supply to himself as a newly unregistered trader. If the VAT chargeable does not exceed £1,000, it need not be paid. Compulsory deregistration applies where a business is sold or otherwise transferred as a going concern to new owners. BPP LEARNING MEDIA VAT on sale of business Alternative 1: Cessation of business When a business is sold, it will cease to be registered for VAT. The sale of the business is assumed to be a taxable supply for VAT purposes. Alternative 2: Sale of business as a going concern Such a transfer is treated as being outside the scope of VAT {i.e. not a taxable supply} provided certain conditions are met. 1. The business is transferred as a going concern 2. No change in trade & No significant break in trade 3. Transferee is, or becomes, VAT registered immediately after the transfer. BPP LEARNING MEDIA Tax point 1 Example – sale on credit Order rec'd Qtr 1 Goods despatched Qtr 2 Invoice issued Cash rec'd Qtr 3 Qtr 4 Which VAT return is the sale recorded in? Depends on the tax point. BPP LEARNING MEDIA Tax point 2 Tax point for VAT: VAT becomes due on a supply of goods or services at the time of supply. This is called the tax point. Normally VAT must be accounted for on the VAT return for the period in which the tax point occurs. {The tax point is the date used to identify the VAT period which should be used to include the output or input VAT} × Basic tax point is the date when goods are made available, or when services completed. × If an invoice is issued or payment received before basic tax point: earlier date becomes the tax point. × If the earlier date rule does not apply and the invoice is issued within 14 days after the basic tax point the invoice date becomes the tax point. BPP LEARNING MEDIA Question: Jester Ltd On 31 May Jester Ltd ordered a new printing machine and on 16 June paid a deposit of £6,000. The machine was despatched to Jester Ltd on 30 June. On 18 July an invoice was issued to Jester Ltd for the balance due of £54,000. This was paid on 23 July. Required (a) What is the tax point for the £6,000 deposit? (b) What is the tax point for the balance of £54,000? Solution (a) 16 June (b) 30 June BPP LEARNING MEDIA OUTPUT VAT Output VAT is charged on taxable supplies of goods and services. The main types of supplies subject to output vat: 1. Sales of goods and services (for a consideration, usually a money payment) 2. Gifts of business assets (excluding gifts to the same person that total no more than £50 excluding VAT in any 12 month period and gifts of trade samples) 3. Goods withdrawn from the business by the owner or an employee 4. Provision of private fuel for the owner or an employee BPP LEARNING MEDIA Valuation of Supplies Value of a supply is the VAT-exclusive price on which VAT is charged. Consideration for a supply is the amount paid in money or money's worth. The price of goods before VAT is the VAT exclusive amount. If the price includes VAT, then this is the VAT inclusive amount. VAT rate 20% X VAT exclusive figure (net) = VAT amount. VAT fraction 1/6 X VAT inclusive figure (Gross) = VAT amount ―If a standard rated supply is made at a price of (£2,000 + VAT), then the value of the supply is £2,000 and the total consideration given for the supply is £2,400. BPP LEARNING MEDIA Discounts VAT is calculated on the invoice price less all trade discounts. VAT is chargeable on the actual amount received where a discount is offered for prompt payment. 1. If the discount is not taken the VAT is charged on the full sale price 2. If the discount is taken, then the VAT is based on the discounted price Trader must either: ― Issue credit note for the discount; or ― Include words on invoice that the customer's input VAT must only be reclaimed to the extent paid to the trader. BPP LEARNING MEDIA Miscellaneous When goods are permanently taken from a business for nonbusiness purposes {i.e. Drawings} VAT must be accounted for on their market value. Gifts of inventory or non-current assets are treated as taxable supplies at replacement/market value. Fuel provided for private motoring by the owner or an employee is charged at a scale rate. The fuel scale charge is based solely on the CO2 rating of a car and represents the VAT inclusive deemed value of the fuel supplied. Gifts of services, whether to employees or customers, are not taxable supplies. BPP LEARNING MEDIA Recovery of input tax 1 Input VAT can usually be recovered if: × The goods or services purchased are used for business purposes, and × The expenditure is supported by a valid VAT invoice • Blocked items are items of expenditure where the VAT is irrecoverable. Examples are: 1. Purchase of cars (unless 100% used for business purposes e.g. driving school) 2. Leased cars with some private use – only 50% input VAT is recoverable 3. Non-business use (if partial private use – appropriate apportionment is needed) 4. Entertainment of UK Customers and suppliers 5. Purchases for which no VAT receipt is held. BPP LEARNING MEDIA Recovery of input tax 2 Input VAT can be recovered in the following circumstances: × Input VAT on entertainment expenses incurred for employees and overseas customers is recoverable. × Input VAT upon fuel cost and repair & maintenance incurred for employees is recoverable even if there is private use of car by employee × Input VAT on business expenses is recoverable. × Input Vat on Motor cars used exclusively for business purposes NB: If a business is VAT-registered the VAT-exclusive amounts should be applied, as the associated input VAT is recovered on most business expenses {except motor cars with private use}. If the business is not VAT-registered, no input VAT is recoverable, therefore VAT-inclusive amounts are used when computing profits and capital allowances BPP LEARNING MEDIA Question: Chester Ltd Chester Ltd, which is registered for VAT, incurred the following expenditure (including VAT) during the quarter ended 31 December 2021. £ New car for salesman (private use) 14,500 3 new motor vans 28,200 Second-hand container lorry 29,370 Entertaining – UK customers 4,935 – employees 5,250 Required How much VAT can be reclaimed in respect of the above and on what amount will Chester Ltd be entitled to claim capital allowances? BPP LEARNING MEDIA Answer: Chester Ltd Input tax reclaimed Vans (28,200 1/6) Lorry (29,370 1/6) Entertaining employees (5,250 1/6) £ 4,700 4,895 875 10,470 Capital allowance values Cars Vans (28,200 – 4,700) = Lorry (29,370 – 4,895) = BPP LEARNING MEDIA 14,500 23,500 24,475 Impairment losses (bad debts) If the debt becomes irrecoverable, the seller has paid the VAT to HMRC and never recovers this from the customer. The output VAT on impairment losses can be reclaimed as input VAT if: 1. At least six months must have elapsed from the time that payment was due (or the date of supply if later). 2. The debt must have been written off in the seller’s VAT account. 3. Claims for relief for irrecoverable debts must be made within four years and six months of the payment being due. Relief is given in the VAT return by claiming input VAT equal to the amount of output VAT charged on the original irrecoverable bad debt. BPP LEARNING MEDIA Private Fuel • If a business pays for fuel which is only used for business purposes, it can claim all the input tax paid on that fuel. • Input tax on all road fuel purchased by the business can be reclaimed provided there is a valid VAT invoice. • If a business does provide fuel for private and business use to an employee/sole trader, the business has two options for dealing with the VAT: 1. Claim all the input VAT back and then account for output VAT using a fuel scale charge {i.e. fuel cost not reimbursed} 2. If the employee is charged for the full cost of the fuel provided then claim all the input VAT and account for output VAT on the charge to the employee BPP LEARNING MEDIA Question: Ten Ltd John is an employee of Ten Ltd. He has the use of a car which is used for both business and private mileage for the quarter ended 31 March 2021. Ten Ltd pays all the petrol costs in respect of the car, totalling £1,200 of which 20% is for private mileage. The relevant quarterly scale charge is £517. Both figures are inclusive of VAT. Required What is the VAT effect of the above on Ten Ltd? What would be the effect of Ten Ltd charging John for the private fuel? BPP LEARNING MEDIA Question: Ten Ltd – cont'd Solution If John is not charged for the private fuel then Ten Ltd can reclaim input VAT of £200 (1,200 × 20/120) and will have to account for output VAT of £86 (517 × 20/120) based on the scale charge. If John is charged £240 (1,200 × 20%) for the private fuel then Ten Ltd will reclaim input VAT of £200 and will have to account for output VAT of £40 (240 × 20/120) based on the charge to John. BPP LEARNING MEDIA Pre-registration Input VAT Normally, VAT incurred before registration cannot be accounted for as input VAT. However, if the conditions below are satisfied, then it can be treated as input tax and reclaimed accordingly (on the first VAT return). Recovery of Pre-Registration Input VAT on Goods: It will be recoverable if Goods were acquired in previous 4 years from date of registration for business purpose and are still on hand upon the date of registration. Recovery of Pre-Registration Input VAT on Services: It will be recoverable if Services were acquired in previous 6 months from date of registration for business purpose. BPP LEARNING MEDIA Question: Boz Ltd Boz Ltd commenced trading on 1 August 2021 and applied to register for VAT with effect from 1 October 2021. Prior to registration, it had incurred VAT on the following VAT exclusive amounts: £ Accountancy fees – invoice dated 10 March 2021 5,000 Van purchased new on 23 June 2021 8,000 Inventory of spare parts as on 30 September 2021 12000 Required What input VAT can Boz Ltd claim in respect of these items assuming the van and inventory are still held on 1 October 2021? BPP LEARNING MEDIA Answer: Boz Ltd £ Van – in use post registration 1,600 Inventory – still held at date of registration 2,400 VAT on accountancy fees are not recoverable as more than six months prior to registration. BPP LEARNING MEDIA Computation Pro-forma VAT FOR THE QUARTER ENDED 31 MARCH 202X OUTPUT VAT Cash and credit sales (including capital assets but excluding cars) X Drawings of inventory by owner or employee {at selling price} X Gifts of business assets if in excess of £50 per recipient X Private fuel supplied to owner or an employee (scale charge) X XX LESS: INPUT VAT Cash and credit purchases of goods (X) Cash and credit purchases of capital assets (excluding cars) (X) Business expenses{repairs & maintenance, fuel cost, car expenses (X) Impairment losses on trade debts (X) Amount payable to / (repayable by) HMRC BPP LEARNING MEDIA X/(X) VAT Period The VAT period (also known as the tax period) is the period covered by a VAT return. It is usually three calendar months {Quarterly} HMRC will allow taxable persons to have a one-month VAT period where input tax regularly exceeds output tax, i.e. where the taxable person is in a net VAT repayment position Certain small businesses may submit an annual VAT return i.e. have an annual VAT period {see later on annual accounting scheme} VAT refunds are normally made within 10 days. Where it is discovered that VAT has been overpaid in the past, the time limit for claiming a refund is four years from the date by which the return for the accounting period was due. BPP LEARNING MEDIA Submission of returns and payment of VAT 1. On registration, the trader must charge VAT on all taxable supplies (output VAT). 2. The trader can also reclaim VAT on all taxable supplies purchased (input VAT). 3. At the end of a 3-month period, the trader accounts to HMRC for all the output tax less the input tax on their VAT return. 4. VAT is accounted for quarterly 5. VAT registered businesses must file their returns and make payments online. 6. The deadline for submitting the VAT return and making payments electronically is 1 month and 7 days after the period has ended. BPP LEARNING MEDIA Administration of VAT 3 Substantial traders • Taxable persons whose annual liability exceeds £2,300,000 must make monthly payments on account of their liability: ― 1/24th of the previous year's liability ― Made at the end of months two and three of each VAT quarter ― Treated as credits against that quarter's liability ― Balancing payment one month after the end of the quarter (no extra seven days for payment) BPP LEARNING MEDIA Summary 1 Charge to value added tax (VAT) • • VAT is charged on taxable supplies made by taxable persons in the course of their trade. Some supplies are taxable. Others are exempt. Make sure you understand the difference and can work out VAT from the VAT-exclusive and VAT-inclusive price. BPP LEARNING MEDIA Summary 2 Registration • • • • A trader becomes liable to register for VAT if taxable supplies over a 12-month period exceeds £85,000 or in the next 30 days taxable supplies will exceed £85,000. A trader may also register voluntarily. Group registration allows only one VAT return to be prepared for the group as a whole. Some pre-registration input VAT is recoverable. Transfer of going concern • VAT is not charged on the transfer of a going concern. BPP LEARNING MEDIA Summary 3 Administration of VAT • • VAT periods usually quarterly, but can be monthly or annually. Filing of VAT returns online and payment made electronically, by one month and seven days after end of period. Tax point • Basic tax point is date goods are made available or service completed. • Earlier tax point applies if an invoice issued or payment made before the basic tax point. • Later tax point is if earlier tax point does not apply and the invoice issued within 14 days after the basic tax point. BPP LEARNING MEDIA Summary 4 Impairment losses (bad debts) • A trader can claim a refund of output tax on impairment losses which remain unpaid six months from the time that payment is due and have been written off. Recovery of input tax • Not all input VAT is deductible. • In particular VAT on most cars, business entertaining and nonbusiness purchases is not recoverable. • Input VAT on private fuel can be recovered but output VAT is chargeable using actual cost or scale charge. BPP LEARNING MEDIA Recent exam questions 1 Nature of question Exam details VAT liability Specimen B26 VAT on fuel Specimen B27 Registration Sep B26 Pre-registration input tax Sep B27 Administration Sep B29 VAT liability Dec 16 A1 Registration Dec 16 B26 BPP LEARNING MEDIA Recent exam questions 2 Nature of question Exam details Pre-registration input tax Dec 16 B27 VAT liability Dec 16 B28 Administration Dec 16 B29 Tax point Mar/Jun 17 C31 BPP LEARNING MEDIA Recent exam questions 3 Nature of question Exam details Registration Mar/Jun 19 B21 Pre-registration input tax Mar/Jun 19 B22 Administration Mar/Jun 19 B23 Recovery of input tax Mar/Jun 19 B25 BPP LEARNING MEDIA Chapter 25 • VAT invoice • Penalties Further aspects of VAT BPP LEARNING MEDIA • Imports, exports, acquisitions and dispatches • Special schemes Syllabus learning outcomes • List the information that must be given on a VAT invoice • Understand when the default surcharge, a penalty for an incorrect VAT return, and default interest will be applied • Understand the treatment of imports, exports and trade within the European Union (EU) • Understand the operation of, and when it will be advantageous to use, the VAT special schemes: ― Cash accounting scheme ― Annual accounting scheme ― Flat rate scheme BPP LEARNING MEDIA Chapter overview diagram Further aspects of VAT VAT invoice Penalties Imports/Exports Default interest Errors Default surcharge Annual accounting Cash accounting BPP LEARNING MEDIA Special schemes Flat rate Tackling the exam • You should expect to see value added tax tested in both Section A and Section B. • VAT may also be tested in Section C. • You must be able to explain the rules on supplies within the European Union and outside it. • The three special schemes are important: learn the conditions and how each of the schemes operate. BPP LEARNING MEDIA VAT invoice 1 • A taxable person making a taxable supply to another VAT registered trader must supply a tax invoice within 30 days of the time of supply. • There is no requirement to supply a tax invoice if supply is exempt, zero rated or to a non-VAT registered customer. • A tax invoice must show certain information. • A less detailed tax invoice is needed if total is less than £250. • Records must be kept of all goods and services received and supplied in the course of a business. Records must be kept up-to-date and must be preserved for six years BPP LEARNING MEDIA VAT invoice contents 2 • Supplier's name, address and registration number • Date of issue, the tax point and an invoice number • Name and address of the customer • Description of the goods or services supplied, giving for each description the quantity, the unit price, the rate of VAT and the VAT exclusive amount • Rate of any cash discount • Total invoice price excluding VAT (with separate totals for zerorated and exempt supplies) • Each VAT rate applicable and the total amount of VAT BPP LEARNING MEDIA VAT invoice 4 Less detailed tax invoice contents • Supplier's name, address and registration number • Date of the supply • Description of the goods or services supplied • Rate of VAT chargeable • Total amount chargeable including VAT NB: Zero-rated and exempt supplies must not be included in less detailed invoices. BPP LEARNING MEDIA Default Surcharge A "default" occurs if a taxable person submits a late VAT return or submits a return on time but makes late payment of the VAT due On the first default: × HMRC will serve a surcharge liability notice specifying a 12 month surcharge period starting from the end of the return period. × There is no default surcharge. For each further default during the surcharge period: × The surcharge period is extended to end 12 months after the end of the latest period of default. × If VAT has been paid late, there is a surcharge based on the outstanding amount. BPP LEARNING MEDIA Default Surcharge 2 • Once issued it remains in force until the taxpayer has not been in default for 12 months • No penalty for submission of late return provided tax paid on time, but late return extends notice period • While notice is in force, taxpayer liable to surcharge each time defaults by late payment of tax • This charge depends on the number of defaults in the surcharge period: BPP LEARNING MEDIA Penalties 4 Q1 VAT PAID RETURN SUBMITTED RESULT Q2 LATE LATE LATE LATE SLN Issued Q3 ON TIME ON TIME 2% penalty (reset SLN) Q4 LATE LATE – SLN removed after 4 consecutive 'clean returns' BPP LEARNING MEDIA 5% penalty (reset SLN) Question: Mr Slow Mr Slow prepares VAT returns to 31 March, 30 June, 30 September and 31 December. His VAT returns and payments were all submitted on time except for the following ones: Tax Period Date Submitted Net VAT Liability 13 March 2020 11 May 2020 £5,000 31 December 2020 16 February 2021 £19,000 30 June 2021 13 August 2021 (£6,000) refund 30 September 2021 17 November 2021 £10,000 Required: Describe the penalties arising from the above events. BPP LEARNING MEDIA Answer: Mr Slow First late return (3 months to 31 March 2020) Would not have attracted any penalty, but it would have initiated the default charge procedure by establishing a surcharge liability (SLN) notice period for the 12 months ending 31 March 2021. Second late return (3 months to 31 December 2020) The first default during the SLN period will attract a default surcharge = 2% × 19,000 = £380. As this is less than £400, the penalty will be waived. The SLN period continues for the 12 months ending 31 December 2021. Third late return (3 months to 30 June 2021) The second default during the SLN period will not attract the 5% default surcharge as a repayment of VAT is due. However, the SLN period will continue for the 12 months ending 30 June 2022. Fourth late return (3 months 30 September 2021) The third default during the SLN period will attract a default surcharge = 10% × 10,000 = £1,000. This amount will be collected. The SLN period continues for the 12 months ending 30 September 2022. The £400 waiver is irrelevant not just because the assessment is £1,000, but because HMRC only applies it where the 2% and 5% rates are used (i.e. the waiver is inappropriate for persistent offenders). Assuming that Mr Slow submits his next four consecutive returns and payments on time, no further penalties will arise and the default surcharge process will stop at 30 September 2022. If he makes a further default after that date, the process will be re-started as explained above. BPP LEARNING MEDIA Errors on VAT returns If a taxpayer notices a misdeclaration or error before an investigation by HMRC, and its net effect does not exceed the higher of: (a) £10,000 (net under-declaration minus over-declaration); OR (b) 1% of turnover for the VAT period (max is 1% of £50k) The trader is allowed to correct the mistake in the next VAT return. No interest is charged and no separate disclosure is required. If the net effect exceeds the higher of £10,000 or 1% of turnover for the VAT period, separate disclosure to HMRC is required. Default interest is charged. Errors on VAT returns may lead to standard penalties because of submission of an incorrect VAT return BPP LEARNING MEDIA Question: Primary LLP Your firm, Primary LLP, has four new clients who have been struggling with their VAT administration and have now engaged the firm to prepare their VAT returns. Whilst preparing the clients’ returns for this quarter, you have noticed the following errors in the returns from the previous quarter: Client Net error Turnover Include in next VAT Return? 1 3,567 150,000 2 22,987 3,000,000 3 42,690 3,500,000 4 51,260 5,700,000 Separate Disclosure? For each of the businesses indicate whether they can correct their net(non-deliberate) errors on the next VAT return or whether separate disclosure is required BPP LEARNING MEDIA Answer: Primary LLP 1. 1% of turnover is £1,500, which is less than £10,000, therefore the de minimis limit is £10,000. The net error is less than £10,000 therefore the error can be included in the next return. 2. 1% of turnover is £30,000, which is more than £10,000, therefore the de minimis limit is £30,000. The net error is less than £30,000 therefore the error can be included in the next return. 3. 1% of turnover is £35,000, which is more than £10,000, therefore the de minimis limit is £35,000. The net error is more than £35,000 therefore the error must be disclosed separately, and default interest will be charged. 4. 1% of turnover is £57,000, but this is subject to an upper limit of £50,000. Since the net error made is for more than £50,000, it must be disclosed separately and default interest will be charged. BPP LEARNING MEDIA Penalties 6 Default interest • Default interest is charged on unpaid VAT if: ― HMRC raise an assessment of VAT ― Trader makes a voluntarily discloses (before assessment) an error that exceeds the de minimis. • Runs from the date the VAT should have been paid to the actual date of payment • Cannot run for more than three years before the assessment or voluntary payment BPP LEARNING MEDIA Example: Harry Harry discovers an error in his VAT return for the quarter ended 31 December 2020 which has led to an underpayment of VAT of £54,100. Harry pays the outstanding sum on 7 March 2022. Assuming the rate of interest is 2.6% calculate the interest on late paid tax payable by Harry. Answer The under declared VAT is greater than £50,000 therefore it cannot be de minimis and will need to be separately disclosed by Harry. As such, default interest will be charged. The error relates to the quarter ended 31 December 2020 and the VAT for this quarter would have been due on 7 February 2021. Since the amount of £54,100 is not paid until 7 March 2022, 13 months of interest will apply. Thus, the interest charge will be £54,100 × 2.6% × 13/12 = £1,524. In addition, penalties will apply – the precise percentage will depend on Harry’s behaviour in terms of the original error. BPP LEARNING MEDIA Imports and exports for goods A sale of goods to a country outside the UK is an export/dispatch. The purchase of goods from a country outside the UK is an import/acquisition. Exports to anywhere in the world are zero-rated. The supplier must hold evidence that the goods have been exported, such as copy invoices and consignment notes. For imports, UK VAT registered business don’t have to pay VAT at the time of importation. Instead the import VAT is declared on the VAT return as output VAT, but can be reclaimed as input VAT on the same VAT return. So there is no overall cost. (Reverse charging) Import VAT is accounted for on the VAT return covering the date that the goods are imported. The only time that there is a VAT cost is if a business makes exempt supplies, since an exempt business cannot reclaim any input VAT. BPP LEARNING MEDIA Postponed Accounting During the VAT quarter ended 31 March 2022, Yung Ltd imported goods costing £12,000 from a supplier situated in South Africa, and goods costing £4,000 from a supplier situated in Russia. Yung Ltd.'s sales are all standard rated. Show how the VAT is accounted for Solution Yung Ltd will include output VAT and input VAT of £3,200 ((12,000 + 4,000) x 20%) on its VAT return for the quarter ended 31 March 2022. NB: Postponed accounting means that VAT no longer has to be paid immediately at the port of entry, but can now be declared on the VAT return as output VAT. It can be reclaimed as input VAT on the same VAT return. The system prevents goods being held at the customs until the VAT is paid and also improves the cash flows. BPP LEARNING MEDIA Question: Imports and exports A company registered for VAT in the UK has the following trade in goods and services for one year: VAT exclusive amounts Goods Services £ £ (a) Exports to countries outside of UK: customers registered for VAT abroad 150,000 100,000 120,000 60,000 (b)Imports from countries outside the UK: suppliers registered for VAT abroad Required: Explain the UK VAT treatment of the various trading activities. BPP LEARNING MEDIA Answer: Imports and exports (a) Exports to countries outside the UK Exports of goods (£150,000) to VAT registered customers are zero-rated supplies made in the UK (i.e. no UK VAT is added to the invoiced amounts). Exports of services (£100,000) to VAT registered customers are made in the country where the customers are located and are outside the scope of UK VAT (i.e. no UK VAT is added to invoiced amounts). (b) Imports from countries outside the UK Under postponed accounting, the imports of goods are treated as taxable supplies for UK tax, and UK VAT registered companies can charge output VAT and claim input VAT under a reverse charge procedure. 20% UK VAT will be added to the invoiced amount of £120,000, i.e. £24,000. Input VAT of £24,000 will also be included, so that there is no overall VAT effect. The import of services will be charged to UK output VAT in the hands of UK VAT registered customers by "reverse charging" UK VAT of £12,000 (20% × £60,000) by reference to the foreign supplier's invoice, i.e. output VAT and input VAT of £12,000 will be included on the same return, so that there will be no VAT effect. BPP LEARNING MEDIA Imports and exports for services • The general rule is that supplies of services to any business customer are charged where the customer is established/situated. • Supply of services to UK business customer: (import of services) ― Place of supply in UK ― UK trader accounts for output VAT ― Treated as VAT input tax {Reverse charge procedure} ― Usually VAT neutral • Supply of services by UK trader to non-UK business customer: (Export of services) ― Place of supply outside UK ― Not within scope of UK VAT BPP LEARNING MEDIA VAT Special schemes 1 There are three schemes available to help small businesses in accounting for VAT. They all aim to simplify VAT accounting, reduce administration and help the cash flow of small businesses. 1. Cash accounting scheme • Account for VAT when cash is paid and received. • A business can only join the cash accounting scheme if: a. its taxable supplies in the next 12 months are not expected to exceed £1,350,000 b. it is up to date with its VAT returns and has paid all outstanding VAT liabilities c. it has not been convicted of any VAT offences, assessed for penalties for VAT evasion nor denied entry into the scheme in the last 12 months. • Gives automatic impairment loss (bad debt) relief • Must cease using the cash accounting scheme as soon as taxable turnover exceeds £1,600,000 NB: The cash accounting scheme cannot be used for supplies of goods and services for which a VAT invoice is issued before the supply is made, or for supplies where a VAT invoice is issued and full payment is not due within six months of the invoice date. BPP LEARNING MEDIA Special schemes 2 Annual accounting scheme • Conditions (same as cash accounting scheme) • Allows small businesses to submit only one annual VAT return each year and spread the payments of VAT more evenly throughout the year. This may help cash flow and reduce administration burden. • Payments on account: 10% previous year's net VAT liability, usually made equally over 9 months (starting on month 4 of the current annual VAT {accounting} period) • A balancing payment and the annual VAT return are submitted to HMRC within two months of the end of the year. BPP LEARNING MEDIA Question: Mr Walker Mr Walker registered for VAT on 1 April 2020. He applied for annual accounting from 1 April 2021 and selected an annual accounting period based on his financial accounting period to 31 March. Relevant details for the two years ending 31 March 2022 were: 12 months to 31 March 2021 Turnover Net VAT liability 12 months to 31 March 2022 £140,000 £160,000 £21,000 £25,000 Required: Show the settlement of the value added tax liability for the year ended 31 March 2022. BPP LEARNING MEDIA Answer: Mr Walker Settlement of the VAT liability for y/e 31 March 2022 £ Payments on account 10% x £21,00 = £2,100 each: Due: 31 July 2021 – 31 March 2022 [9 x £2,100] 18,900 Balancing payment Due: 31 May 2022 £(25,000 – 18,900) BPP LEARNING MEDIA 6,100 Special schemes 3 Flat rate scheme • This scheme enables a small business to calculate its VAT liability as a flat-rate percentage of total turnover and so avoids the need to keep detailed records of input tax and output tax. • A business can only join the flat rate scheme if its expected taxable supplies (excluding VAT and capital items) in the next 12 months are not expected to exceed £150,000. It must leave the scheme if its total income (including VAT) in the previous year exceeded £230,000, • Apply a flat rate percentage to total (VAT inclusive) turnover {inclusive of zero-rated and exempt supplies). • There is no deduction for input VAT. • The scheme therefore reduces the administrative burden of keeping detailed records of purchase and expense invoices and recoverable input VAT. BPP LEARNING MEDIA Special schemes 4 • 1% reduction if joins flat rate scheme in first year of VAT registration • The business will issue tax invoices for VAT-registered customers and apply the appropriate rate of VAT i.e. standard rate, zero rate. It does not have to keep records of the input VAT on individual purchases. • The flat rate scheme can be used in conjunction with the annual accounting scheme but not the cash accounting scheme BPP LEARNING MEDIA Question: Kit Ltd Kit Ltd has annual turnover of £84,900. 85% of the sales are standard rated and 15% are zero rated. Standard rated expenses are £14,100. All figures are exclusive of VAT. The relevant percentage for Kit Ltd's trade is 11%. (1) What is the VAT liability if Kit Ltd does not use the flat rate scheme? £9,677 £14,160 £11,613 £14,433 BPP LEARNING MEDIA Question: Kit Ltd (2) (2) What is the VAT liability if Kit Ltd DOES use the flat rate scheme? £9,339 £11,207 £10,927 £8,107 BPP LEARNING MEDIA Answer: Kit Ltd (1) Answer: £11,613 Output VAT £ 84,900 85% 20% = 14,433 Input VAT 14,100 20% VAT payable BPP LEARNING MEDIA = (2,820) 11,613 Answer: Kit Ltd (2) Answer: £10,927 Using the flat rate scheme (84,900 85% 1.20) + (84,900 15%) 11% = 10,927 BPP LEARNING MEDIA Question: Specimen exam question A10 For the quarter ended 31 March 2022, Faro had standard rated sales of £49,750 and standard rated expenses of £22,750. Both figures are exclusive of value added tax (VAT). Faro uses the flat rate scheme to calculate the amount of VAT payable, with the relevant scheme percentage for her trade being 12%. The percentage reduction for the first year of VAT registration is not available. BPP LEARNING MEDIA Question: Specimen exam question A10 – cont'd How much VAT will Faro have to pay to HM Revenue and Customs (HMRC) for the quarter ended 31 March 2022? £5,970 £3,888 £5,400 £7,164 BPP LEARNING MEDIA (2 marks) Answer: Specimen exam question A10 Answer: £7,164 £(49,750 120/100) = 59,700 12% £7,164 Under the flat rate scheme, a business calculates VAT by applying a fixed percentage to its tax inclusive turnover. However, the business cannot reclaim any input tax suffered. BPP LEARNING MEDIA Summary 1 VAT invoice • There are various items of information that must be shown on a VAT invoice which is used to charge VAT. Penalties • • • Default surcharge regime applies if taxable person submits late return or submits return on time but makes late payment of the VAT due. Errors may be corrected in next return if within limits. Default interest charged on unpaid VAT. BPP LEARNING MEDIA Summary 2 Imports, exports, acquisitions and dispatches • • • Imports from outside the EU are subject to VAT and exports outside the EU are zero rated. Taxable acquisitions from EU states are treated as a sale and a purchase by the UK trader. Dispatches to EU states are zero rated. BPP LEARNING MEDIA Summary 3 Special schemes • • • • Special schemes exist to aid traders. Cash accounting protects gives automatic relief for impairment losses. Annual accounting simplifies the submission of VAT returns. Flat rate scheme makes the calculation of the VAT liability easier. BPP LEARNING MEDIA Recent exam questions 1 Nature of question Exam details Flat rate scheme Specimen A10 Default surcharge percentage Specimen B28 Surcharge notice period Specimen B29 VAT invoice Specimen B30 Annual accounting scheme Sep 16 A4 VAT invoice Sep 16 B30 Surcharge notice period, special schemes Dec 16 B30 BPP LEARNING MEDIA Recent exam questions 2 Nature of question Exam details Default interest Mar/Jun 19 B24 BPP LEARNING MEDIA