In the Spearmint Rhino case it was ruled that there is no VAT on lap dances, however in Wilton Park Ltdthe decision was that VAT was due.
Category Archives: VAT commentary
VAT: Partial exemption de minimis relief
VAT Basics
The VAT a business incurs on running costs is called input tax. For most businesses this is reclaimed on VAT returns from HMRC if it relates to standard rated, reduced rated, zero rated or certain outside the scope sales that a business makes.
However, a business which makes exempt sales may not be in a position to recover all of the input tax which it incurred. This is because input tax which relates to exempt supplies is generally irrecoverable.
This may affect any business which is involved in:
- Property letting and sales – generally all types of supply of land
- Financial services
- Insurance
- Betting, gaming and lotteries
- Education
- Health and welfare
- Sport, sports competitions and physical education
- Cultural services
(This list is not exhaustive)
A business in this position is called partly exempt. (If a business is fully exempt, it can neither VAT register nor recover any VAT at all). Input tax which directly relates to exempt supplies is irrecoverable. In addition, an element of that business’ general overheads, eg; light, heat, telephone, computers, professional fees, etc are deemed to be, in part, attributable to exempt supplies and a calculation must be performed to establish the element which falls to be irrecoverable. Such apportionment is called a partial exemption standard method. There are a number of alternative methods that may be used (so called “special methods”) but these must be agreed with HMRC.
De Minimis
There is, however, a relief available for a business in the form of de minimis limits. Broadly, if the total of the irrecoverable directly attributable (to exempt suppliers) and the element of overhead input tax which has been established using a partial exemption method falls below de minimis, all of that input tax may be recovered in the normal way.
The de minimis limit is currently £7,500 per annum of input tax. As a result, after carrying out the partial exemption method should the result fall below £7,500 and half of the total input tax for a year it is recoverable in full. This calculation is required on a quarterly basis (for businesses which render returns on a quarterly basis) with a review of the year, called an annual adjustment carried out at the end of a business’ partial exemption year. The quarterly
VAT: Changes to the Option To Tax of land and buildings
Changes to the notification process
The Option To Tax (OTT) procedure generally turns an exempt supply of land and/or property into a taxable one. More details here.
HMRC have announced, following a recent trial, that its processing of OTTs has been amended to speed up the process.
Previously, when a business submitted an OTT (Form VAT1614A) HMRC would undertake certain checks to the notification before sending an acknowledgement. Now, HMRC will simply issue a receipt confirming that the OTT notification has been received without checking it.
It was, and remains, the taxpayer’s responsibility to ensure that the OTT is valid. The change removes the deemed uncertainty where taxpayers may have believed HMRC’s acceptance of the OTT confirmed that it was valid. Of course, it also reduces HMRC’s resources in processing the notifications and should result in quicker turnarounds. It is hoped that now HMRC will process notifications within 30 working days.
Changes to OTT forms
In addition to the changes to the process of notifying an OTT, HMRC has also removed the ‘print and post’ versions of the following forms:
VAT1614B: Stop being a relevant associate to an option to tax
VAT1614E: Notification of a real estate election
These can now only be completed online. Please note the online form can still be posted but it must be completed in full before it can be printed. The form can also be emailed to optiontotaxnationalunit@hmrc.gov.uk.
VAT: Trader Support Service extended to December 2023
HMRC has announced that the Trader Support Service for businesses moving goods between Great Britain and Northern Ireland has been extended until 31 December 2023.
This service is designed to assist businesses navigate changes to the way goods move under the Northern Ireland Protocol since Brexit.
The service provides support to manage digital declarations including completing import and safety and security declarations.
It also provides guidance and training to help businesses understand what the Protocol means for them, enables traders to complete declarations without the need to purchase specialist software saving time and money.
Businesses moving goods between Great Britain and Northern Ireland can sign up to the Trader Support Service and access free online courses and training materials.
A VAT Did you know? – Latest from the courts
A new Tribunal case ruled that marshmallows of an unusual size are zero rated, while normal sized marshmallows continue to be standard rated.
VAT: MTD reminder
HMRC have announced that the existing Making Tax Digital (MTD) online portal closes on 31 October 2022.
What businesses need to do now (or they could face a penalty)
If businesses haven not signed up to MTD and started using compatible software already, they must follow these steps now:
Step 1
Choose suitable MTD-compatible software they can find a list of software on GOV.UK.
Step 2
Check the permissions in their software – once they have allowed it to work with MTD, they can file their VAT returns easily. Go to GOV.UK and search ‘manage permissions for tax software’ for information on how businesses should do this.
Step 3
Keep digital records for their current and future VAT returns – a business can find out what records they need to keep on GOV.UK.
Step 4
Sign up for MTD and file their future VAT returns using MTD-compatible software – to find out how to do this, go to GOV.UK and search ‘record VAT’.
Businesses who file quarterly or monthly VAT returns must complete these steps in order to file their returns due after 1 November.
Exemption from MTD for VAT
There are exemptions from MTD and they my be applied for here.
VAT: Fuel and Power Notice updated
HMRC Guidance: Fuel and power (VAT Notice 701/19)
This Notice has recently been updated. It now covers the VAT Reverse Charge measures for wholesale gas and electricity and construction services (Section 2) . There is more information about wholesale gas and electricity and using the VAT domestic Reverse Charge at section 3 of Notice 735: Domestic reverse charge procedure (VAT Notice 735).
Sections 4.1 and 4.3 now include more detail about hydrogen gas.
Brief overview
The reduced rate of VAT of 5% applies to supplies of fuel and power for qualifying use.
Qualifying use means:
- fuel and power for domestic use
- fuel and power for charity non-business use
- fuel and power where the amount supplied does not exceed the small quantities, called the de minimis limits
- fuel and power partly for qualifying use and partly for other purposes, where 60% or more of the supply is for qualifying use
Other supplies of fuel and power in the UK are standard rated.
A VAT Did you know?
Ferret food has recently been ruled to be subject to 20% tax when previously it was VAT free (from 1973).
VAT – Work on farm buildings
I am quite often asked if there are any VAT reliefs for farming businesses carrying out work to farm buildings.
Indeed, there are some areas of the VAT rules which may be of assistance to owners of farms and farm buildings. Clearly, the best position is to avoid VAT being charged in the first place. If this is not possible, then we need to consider if the VAT may be recovered.
Repairs and Renovations of Farmhouses
The following guidelines apply to businesses VAT registered as sole proprietors or partnerships. Where the occupant of the farmhouse is a director of a limited company (or a person connected with the director of the company) it is unlikely that any VAT incurred on the farmhouse may be recovered. The following notes are provided by HMRC after consultations with the NFU:
- Where VAT is incurred on repairs, maintenance and renovations, 70% of that VAT may be recovered as input tax provided the farm is a normal working farm and the VAT-registered person is actively engaged full-time in running it. Where farming is not a full-time business for the VAT-registered person, input tax claimable is likely to be between 10%–30% on the grounds that the dominant purpose is a personal one.
- Where the building work is more associated with an alteration (eg; building an extension) the amount that may be recovered will depend on the purpose for the construction. If the dominant purpose is a business one then 70% may be claimed. If the dominant purpose is a personal one HMRC would expect the claim to be 40% or less, and in some cases, depending on the facts, none of the VAT incurred would be recoverable.
Other farm buildings
As a general rule, when VAT is incurred on non-residential buildings, then, as long as they are used for business purposes, it would be expected that 100% of the VAT is recoverable. Care should be taken if any buildings are let and it may be that planning is necessary in order to achieve full recovery.
It should be noted that if any work to a building which is not residential results in the building becoming residential, eg; a barn conversion, then the applicable VAT rate should be 5%. If the resulting dwelling is sold then generally the 5% VAT is recoverable. If the dwelling is to be lived in by the person converting it; the VAT incurred may be recovered, but the mechanism is outside the usual VAT return and a separate claim can be made. In these circumstances it is not necessary for the “converter” to be VAT registered.
As may be seen, in many cases it will be necessary to negotiate a percentage of recovery with HMRC. We can assist with this, as well as advising on VAT structures and planning to ensure as much input tax as possible is either not chargeable to you, or is recoverable.
Recovering VAT on Staff Expenses
VAT on Staff Expenses – what is claimable?
Although the VAT rules normally prevent a business reclaiming input tax on supplies that are not made directly to it, there are certain circumstances when the rules are relaxed. Although rather a dry and basic area, experience insists that it creates many issues at inspections and is “low hanging fruit” for which HMRC may levy penalties. Some business decide not to recover VAT on such costs to avoid problems, but certain claims are permissible and may be worth significant sums if they have a number of employees.
Subsistence Expenses
For instance, the VAT element of subsistence expenses paid to your employees may be treated as input tax. In order to qualify for this concession, employees must be reimbursed for their actual expenditure and not merely receive round sum allowances. These costs include hotels and meals.
VAT invoices (which may be made out to the employee) must also be obtained. The rule of thumb is that the employee must be more than five miles away from their place of employment and spend over five hours there (the so-called 5 mile/5 hour rule). A business cannot reclaim input tax if it pays an employees a flat rate for expenses.
Reimbursement for Road Fuel
The VAT legislation permits a business to treat as its own supply road fuel which is purchased by a non-taxable person whom it then pay for the actual cost of the fuel (usually through an expenses claim). This would therefore allow a business to recover input tax when it reimburses its employees for the cost of road fuel used in carrying out their employment duties.
A business is able to reclaim all the input tax on fuel if a vehicle is used only for business. There are three ways of claiming VAT if a business uses a vehicle for both business and private purposes.
- reclaim all the VAT and pay the fuel scale charge – HMRC details here
- only reclaim the VAT on fuel you use for business trips – this requires the retention of detailed mileage records
- choose not to reclaim any VAT eg; if your business mileage is so low that the fuel scale charge would be higher than the VAT you can reclaim
If a business chooses not to reclaim VAT on fuel for one vehicle it cannot reclaim VAT on any fuel for vehicles used in the business.
Mileage Allowances
The legislation also enables you to reclaim the VAT element (or a reasonable approximation) of mileage allowances paid to employees.
Business entertainment
For details of this complex area please see here
Goods
Certain goods which are to be used in a business, eg; office supplies, the business may reclaim the input tax on purchases made by employees or directors. In all cases you’ll need a VAT invoice. Details required on a VAT invoice here
Mobile telephones
An element of mobile phone costs may be recovered. The VAT on the business use of the phone may be recovered, eg; if half of the mobile phone calls are private 50% of the VAT on the purchase price and the service plan can be recovered.
Work from home
If a person works from home an element of the costs may be recovered. As an example: if an office takes up 20% of the floor space in a house. A business may reclaim 20% of the VAT on utility bills.
Apportionment
A business must keep all records to support a claim and show how it arrived at the business proportion of a purchase of goods or services and it must also have valid VAT invoices.