Tag Archives: HMRC

VAT: Changes to late returns and payments penalties announced

By   8 March 2021
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HMRC have announced changes to the penalties applied to failure to submit VAT returns on time. Similar changes will be made for late payment penalties. it is anticipated that these changes will apply from 1 April 2022. Changes will also be made to the way interest is charged.

The new penalty regime replaces the existing default surcharges. The new penalties use a points based system . Businesses will no longer receive an automatic financial penalty if they make a late return. Instead, it will incur penalty points for missed obligations before a financial penalty is levied.

Penalties for late submission of returns

VAT registered businesses will receive a point every time they miss a submission deadline. At a certain threshold of points, a financial penalty of £200 will be charged and the business will be notified. A penalty will be charged for that failure and every subsequent failure to make a submission on time, but the points total will not increase.

The penalty thresholds will be:

  • Annual returns – 2 points
  • Quarterly returns – 4 points
  • Monthly returns – 5 points

Points expiry

Points will have a lifetime of two years calculated from the month after the month in which the failure occurred.

However, points will not expire when a business is at the penalty threshold to ensure an achievement of a period of compliance to reset the points.

Penalties for late payment and interest harmonisation

The new Late Payment Penalties regime will replace the the Default Surcharge, which served as a combined late submission and late payment sanction.

There are two late payment penalties applicable; a first penalty and then an additional or second penalty, with an annualised penalty rate.

First Penalty

A business will not incur a penalty if the outstanding tax is paid within the first 15 days after the due date. If VAT remains unpaid after Day 15, the business incurs the first penalty. This penalty is set at 2% of the tax outstanding after Day 15. If any of this tax is still unpaid after Day 30, the penalty increases to 4% of the tax outstanding after Day 30.

Second Penalty

If tax remains unpaid on Day 31, a business will begin to incur an additional penalty on the VAT that remains outstanding. It accrues on a daily basis, at a rate of 4% per annum on the outstanding amount. This additional penalty will stop accruing when the taxpayer pays the tax that is due.

Time-to-Pay arrangements

HMRC offers the option of requesting a Time To Pay arrangement. This will enable a business to stop a penalty from accruing any further by approaching HMRC and agreeing a schedule for paying their outstanding tax.

Interest Harmonisation

HMRC will charge interest on tax that is outstanding after the due date, regardless of whether any Late Payment Penalties have been charged. Interest will apply from the date the payment was due until the date on which it is paid. It will be calculated as simple interest at a rate of 2.5% + the Bank of England base rate.

Where a business has overpaid tax, HMRC will pay Repayment Interest on any VAT due to be repaid either from the last day the payment was due to be received or the day it was received, whichever is later, until the date of repayment. Interest will be paid at the Bank of England base rate less 1% (with a minimum rate of 0.5%).

Reviews and appeals

Businesses will be able to challenge a point or penalty through both an internal HMRC review process and an appeal to the courts (in a similar way to assessments for VAT are challengeable).

More on late returns here and on late payments here.

VAT registration delays – latest

By   8 March 2021
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Anecdotally, we understand that some businesses applying for registration are experiencing significant delays. Further, attempts to contact HMRC by email is often difficult, and telephones are regularly not answered (although we understand that some people have enjoyed more success with the webchat).  Also, the Non-Established Taxable Persons (NETP) office has moved, right at the time when more EU businesses need to register in the GB due to Brexit. This has created an even longer backlog.

Confirmation

The Business Delivery Team at HMRC has confirmed that it is attempting to deal with a very high number of applications, which are being delayed for various reasons (not least by the sheer volume one expects). The department has also stated that the following actions and checks will assist with faster processing times and urges applicants to check that all information requested set out here is included with the application to avoid any further delays.  The most salient being to use the online method rather than the hard copy. However, this is not always possible if additional documentation needs to be sent.

How to avoid common errors identified by HMRC 

  • ensure that the addresses provided on the VAT 1 form matches the business’s principal place of business (PPOB)
  • check that the notification of a trade classification matches the supplies the business makes
  • the VAT treatment of activities must be correctly identified
  • the correct person must sign the application – eg; for a corporate body it must be a director, company secretary or authorised signatory or an authorised agent
  • ensure the correct registration date (effective date of registration – EDR) is given. And that the EDR is accurate considering the circumstances that have been outlined for requesting registration elsewhere in the application
  • the bank account details provided must be in the name of the taxable person

And I will add; do not forget form VAT5L when registering a business which is involved in land and property transactions.

The Business Delivery Team also stated that “We are also considering how we can improve the registration process by resolving more cases in real time by telephone and engaging with customers in a different way to gather any further required information. We’ll tell you more about this shortly.”

While any improvement in communication is to be welcomed, it remains to be seen what practical measures will be implemented to speed up registration processing and how soon these will be put in place.

 

VAT: Domestic Reverse Charge for construction services from 1 March 2021

By   17 February 2021
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A reminder

The twice delayed introduction of the Domestic Reverse Charge (DRC) for the construction industry will be introduced from the first of next month and affected businesses need to have the necessary procedures in place – as it won’t be deferred again.!

Details of the scheme here and here.

Please contact us if you have any queries.

VAT: New HMRC guidance for using international post and merchandise in baggage

By   19 January 2021
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HMRC has published two new sets of guidance for international post users and importing merchandise in baggage. The changes are mainly due to Brexit.

International post users

HMRC has published new guidance for international post users.  

The notice explains what happens when a business imports or exports goods by post through Royal Mail or Parcelforce Worldwide.

The arrangements set out in the notice do not apply when a full declaration on a single administrative document (SAD – Form C88) is required.

The information about sending a package overseas has been updated. This relates to the new need to compete a customs declaration for goods sent to the EU.

Bringing commercial goods into Great Britain in baggage

The guidance covers commercial goods (also known as Merchandise in Baggage) which will be used, or sold by a business, where: 

  • a commercial transport operator does not carry them for a business
  • a person has travelled to GB carrying goods either:
    • in accompanied baggage
    • in a small vehicle that can carry up to no more than 9 people and weighing 3.5 tonnes or less

A person must declare all commercial goods. There is no duty-free allowance for goods brought into GB to sell or use in a business.

My guide to importing and exporting post Brexit here.

VAT stats

By   17 December 2020
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HMRC has published the official VAT statistics for 2019/20

The headlines are:

  • Total VAT receipts in 2019-20 decreased by 1.5% from the previous financial year. There was a downward impact on receipts from the VAT deferral measure which took effect from 20 March 2020.
  • The Wholesale and Retail sector continued to be the largest contributor to net home VAT liabilities.
  • 62% of total net home VAT declared was paid by traders with an annual turnover greater than £10 million.
  • Incorporated companies accounted for the largest share of the VAT population and annual taxable turnover. This group accounted for 72% of traders, and 91% of annual taxable turnover in 2019-20.
  • Sole proprietors were the second largest group in terms of VAT population; this group accounted for 16% of VAT traders. However, the annual taxable turnover declared by this group only accounted for 1% of the total for 2019-20.
  • The Professional, Scientific and technical activities sector increased by £860 million (5%), the largest year-on-year change.
  • The Real Estate Activities sector decreased by £530 million (12%) and the Construction sector decreased by £160 million (3%) year-on-year, although both sectors remain in the top ten sectors in terms of contribution to VAT liabilities.
  • 46.7% of traders declared annual turnover below the VAT registration threshold.
  • More than half of net home VAT payments are accounted for by traders in the top 0.5% in 2019-20.

VAT – How to apply for a non-statutory clearance

By   16 December 2020
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One would think that it would be a relatively straightforward matter to write to HMRC to obtain a ruling (non-stat clearance) on a matter. Surely a taxpayer ought to be able to set out the issue, describe the transaction, provide a tax analysis and ask HMRC whether they consider the proposed VAT treatment appropriate. Well, of course, it is not as simple as that (this is VAT after all).

So, what are the issues and what hurdles must be cleared before HMRC engage with a written query?

Checklist

First, there is a checklist which a business must consider and include in a non-stat clearance. Inter alia, this list includes:

  • Information about the transaction(s)
  • The reasons why the business is undertaking the transaction
  • The relevant facts about the transaction, set out chronologically as transaction steps,
  • The answer sought – set out your view of the tax consequences of the transaction
  • Any details that are contingent, eg; on future events or the consent of others
  • Information about commercial background
  • Explain the significance of the tax result in achieving the desired outcome
  • Explain why you chose this form of transaction over another that could achieve the same commercial result, where you have considered alternative forms
  • Information about legal points
  • Outline the specific legislation at issue
  • Why you believe the application of the legislation is open to possible different interpretations, summary of those different interpretations, and why the tax consequences are uncertain, including reference to our published guidance or to case law
  • Any legal advice you have already received, and you are content to disclose
  • Details of how you intend to use the clearance, such as for public documents
  • Information about the disclosure of a tax avoidance scheme that covers all or part of the transaction

Failure to address any items on the checklist usually means no determination will be forthcoming.

An applicant must also set out what HMRC guidance (including internal guidance) legislation, case law and other information has been considered. We find it helpful to reproduce the full checklist (as HMRC advise) and provide a comprehensive response to each point in order to avoid a straightforward refusal to respond.

Genuine uncertainty

One of the main reasons HMRC refuses to provide a non-stat clearance is that it considers that there is no genuine uncertainty; in other words, “go and look at the guidance”. This is very unhelpful after time and effort, and fees cost has gone into the application. The fact that an application is required to set out what guidance etc has been considered, and why it is ambiguous in the relevant circumstances does not seem to carry very much weight. I find it is unhelpful to say, “if it wasn’t uncertain, we wouldn’t be writing to you”! We recommend that a full explanation of the genuine uncertainty is provided to forestall such a HMRC refusal to reply.

Chances

Experience insists that it is difficult to obtain a non-stat clearance which is of any value. Quite often, HMRC will reply saying that their letter is not a non-stat clearance, but then go on to address (at least) some of the issues. This sometimes provides a degree of comfort. An approach that I sometimes adopt is to say, “we believe this to be the correct VAT treatment, and one we will apply to the transaction unless you advise otherwise with reasons”. This sometimes creates a reaction.

HMRC guidance

Details of obtaining a non-stat clearance here.

Address

I find that applications are looked at quicker if they are emailed: nonstatutoryclearanceteam.hmrc@hmrc.gsi.gov.uk. However, there is a 2mb size limit which is often unhelpful. If emailing, an applicant should state that you confirm that you understand and accept the risks involved in using email (otherwise this can cause delays).

Postal address

HM Revenue & Customs, Non-Statutory Clearance Team, S0563. 5th Floor, Saxon House, 1 Causeway Lane, Leicester , LE1 4AA

What HMRC will not rule on

  • Incomplete information
  • When there is no genuine uncertainty
  • When they consider it planning advice, or approval of a planning arrangements
  • HMRC believes that the intention is to avoid tax
  • There is a statutory clearance applicable to the transaction
  • Whether activities constitute a business
  • Whether a transaction represents a Transfer Of a Going Concern (TOGC).

Reliance

Even if a business does obtain a determination, is it possible to rely on it? The answer is no (well, not always). I consider this here.

Summary

It is understandable that a business wants certainty on a transaction, and it ought to be able to rely on HMRC for confirmation of its own analysis, but obtaining such an opinion is fraught with difficulties, frustrations and (genuine) uncertainty. It seems that HMRC will go to lengths to avoid giving a decision, but they are not reticent in penalising a taxpayer once a business has made a decision, applied it, and HMRC subsequently disagree with the VAT analysis.

A wholly unacceptable situation.

VAT: Changes to services post Brexit

By   18 November 2020
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As we know, the UK will leave the EU on 1 January 2021. A lot of articles have, understandably, focussed on the movement of goods between the UK and the EU, however, there will be significant changes for suppliers and consumers of services. Some of these will be beneficial, and some, charitably, will be a royal pain.

In this article I have tried to summarise the most important changes. Compared to supplies of goods, the changes to services are more certain, so businesses can make preparations with more confidence.

The changes to services

  • Currently, B2B supplies of services to EU recipients are generally UK VAT free (the customer accounts for VAT via a reverse charge). However, currently, for most B2C supplies UK VAT is chargeable. From next year, there is no need to distinguish between B2B and B2C supplies of services to EU recipients – all will be UK VAT free.  Also, there will no longer be the need to differentiate EU and outside the EU customers. A UK business making such supplies will no longer be required to obtain its customer’s VAT number and quote this on the relevant invoice. All that is required is that there is evidence that the recipient belongs outside the UK. I understand that HMRC has announced that VATA 1994, Sch4A para 16 will be amended to bring the EU in line with the rest of the world (well, in VAT terms!)
  • There will be no significant change to, inter alia; land, admission to events, digital and telecoms services which have special rules and fall outside the general VAT rule. Digital services (MOSS) changes slightly and are considered here.

NB: UK businesses will still be required to apply the reverse charge to services received from the EU as these will be VAT free when purchased.

  • Reclaiming VAT incurred in the EU. Currently, a singe claim is submitted to HMRC for all VAT incurred in other Member States. This way of claiming will change post Brexit. A business will be required to submit a claim to each individual EU country in which it has suffered VAT. Broadly, this will be what is known as an EU Thirteenth Directive claim. These need to be done in the language of the relevant country and on specific forms. There will, inevitably be different rules for; deadlines, amounts claimable, methods of claim, information required and procedures. Experience insists that there will be a lot more red tape, rejections and hassle. Good luck!
  • For various reasons, it is likely that more UK businesses will be required to VAT register in the EU. This may be via legal requirements, or commercial planning. As an example, a UK business supplying, say, telecoms services, may be required to register in a country where the supply is consumed (the so-called use and enjoyment rules). Each country has its own rules and some may apply the reverse charge procedure, but businesses supplying:
    • telecommunications services
    • broadcasting services
    • electronically supplied services (for business customers)
    • hired goods
    • hired means of transport
    • insurance repair services

will need to check the requirements of each Member State to which it makes supplies. Also, businesses in the EU making such supplies in the UK are likely to be required to register here.

  • UK businesses suppling financial services (FS) to customers in the EU will benefit from the post Brexit changes. Currently FS providers to recipients outside the EU are able to recover attributable input tax. Similar services received in the UK and the rest of the EU are deemed to be exempt and there is no input tax recovery (for partial exemption see here), From 1 January 2021 as the UK will be a third country (third country refers to any country outside the EU, and in this case outside its economic structures – the single market and the customs union) so any FS supplied to EU recipients will qualify as “specified supplies” such that attributable input tax will be reclaimable. The legislation here: Value Added Tax (Input Tax) (Specified Supplies) (EU Exit) (No. 2) Regulations 2019. So, some rare good news. Full details of FS input recovery here and HMRC guidance here.
  • It is likely that a UK business which is required or chooses to VAT register in an EU Member State will need to appoint either a formal agent or a fiscal representative. This requirement varies between EU countries, so a business will need to check the rules in each country.  This will add complexity and costs. A fiscal representative is jointly liable for any VAT debts and penalties, so most entities acting as representatives will require a bank guarantee or similar to cover its exposure.
  • EU businesses supplying certain services in the UK. There may be an increased requirement for overseas businesses to VAT register in the UK, regardless of whether they have a place of belonging here. Any EU businesses in this position requiring advice please contact me.
  • TOMS. The Tour Operators’ Margin Scheme (details here) is an EU-wide arrangement which, broadly, simplifies VAT for tour operators. This is an area which remains uncertain. It is possible that the UK will negotiate a Brexit which does not disturb TOMS (increasingly unlikely I would say). But in a no-deal Brexit the government has announced that UK tour operators can continue to apply TOMS to UK holidays. However, supplies of holidays outside the UK will not be subject to VAT. This will put UK tour operators at an apparent advantage compared to EU competitors. However, it is likely that they will soon be required to VAT register in every EU country in which it sells holidays. Watch this space.

Commentary

A mixed bag of changes to businesses supplying services. It is crucial for all suppliers of services to the EU to review their position and put plans in action sooner rather than later. If you, or your clients, are unsure about these changes, or would like specific advice, please contact me. I can also offer a review of a business to advise on what planning is required, or beneficial. It is important to get this right as there could be significant penalties, back tax and other unwanted outcomes.

VAT: New HMRC guidance on duty deferment and guarantee waivers

By   3 November 2020
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HMRC has published guidance on a number of issues relating to duty and guarantee waivers:

  • How to apply for duty deferment when importing goods. This will apply to businesses bringing in goods from the EU from 1 January 2021. This means that the duty and customs payments may be delayed

We recommend any business importing goods checks all the requirements and puts plans in place to defer VAT, duties and customs payments wherever possible. Despite political promises, this significant additional red tape as a result of Brexit helps nobody and will be a costly burden.  However, at least the government have put a structure in place which will aid cashflow.

Ten Questions every business should ask about VAT

By   14 October 2020
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1. Am I sure that a VAT inspection would not find any errors?  

  • An inspection can result in significant assessments, penalties and interest, apart from a business becoming “known” to HMRC. Peace of mind is a valuable benefit for a business owner too!

 2. Am I sure that I am reclaiming as much VAT as possible?

  • We often find that businesses miss out on recovering input tax, this clearly results in an actual cost.

 3. Do I take full advantage all available VAT reliefs, customs exemptions and duty refund schemes? 

  • Failure to do so will create a tax cost and may be putting a business in a less competitive position.

4. Am I up to date on the indirect tax developments in my key markets?

  • Indirect tax changes rapidly, and so does the market place. Being unaware of changes that affect you may result in VAT being overpaid, or penalties being levied if you have underdeclared tax. It may also put you at a competitive disadvantage.

5. Have I considered the impact of tax rate changes on my pricing and margin, and have I taken the necessary measures?

  • Budgeting is affected by VAT.  Failure to consider indirect taxes may eat into profit.

6. Do I collect all the data about my customers and transactions that could be required by tax authorities?

  • As in many VAT circumstances, getting it wrong or missing something results in penalties.

7. Do I comply with all indirect tax requirements in the jurisdictions where I operate or where my customers belong?

  • VAT and GST does exist outside the UK and ignoring overseas indirect tax obligations may result in action being taken by foreign authorities which will prove to be very uncomfortable and expensive.  It is important to understand the rules for indirect tax in each country/area you trade. Don’t get caught out.

8. Do I have the tools to analyse my indirect tax flows and data?

  • Allocating sufficient technical and human resources to VAT is important.  Seeking professional advice at the appropriate time is also prudent.

9. Could changes in the way my business is structured or how transactions are organised improve my indirect tax position and/or reduce complexity?

  • Saving money and reducing tax complications must be near the top of every business’ wish list. Seeking professional advice on structuring a business or a transaction goes a long way to achieving this

10. Is my business using the right VAT scheme?

  • There are many special schemes that a business may use, from the Flat Rate Scheme to Margin Schemes. Most are optional, but some, like the Tour Operators’ Margin Scheme are compulsory. Choose the wrong one, or being unaware of a beneficial scheme could cost.

It is important to constantly monitor a business’ VAT position.  The nature of trade changes, technology changes, case law changes and the VAT rules are constantly in a state of flux.  It is easy to assume that everything is alright because it has always been done that way, but there may be significant exposures and missed opportunities out there.  Things will also change once the terms of Brexit have been agreed (or not). We offer services from a basic healthcheck to a full technical review.  A review will let you rest easy in your bed if nothing else!

VAT: Domestic Reverse Charge for construction services delayed until 1 March 2021

By   5 June 2020
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Further to my article on the Domestic Reverse Charge (DRC) for builders being deferred, HMRC has announced a further delay from 1 October 2020 until 1 March 2021 due to the impact of the coronavirus on the construction sector.

Revenue and Customs Brief 7 (2020 sets out the details.

Changes

HMRC announced that there will be an amendment to the original legislation, which was laid in April 2019, to make it a requirement that for businesses to be excluded from the reverse charge because they are end users or intermediary suppliers, they must inform their sub-contractors in writing that they are end users or intermediary suppliers. Details of the DRC here and here.