Marcus Ward Consultancy Ltd
Skip to content
  • Home
  • About
    • About Us
    • Our Logo
    • This Website
    • Quotations
  • Services
    • Our Services
    • Accountants & Legal Firms
    • Land & Property
    • International
    • Academies and Educational bodies
    • Charities
    • Training
    • Referrals
  • Triggerpoints
  • Clients
  • Contact Us
  • Testimonials
  • FAQs
  • Case Studies

VAT: Default surcharge – what it is? How does it work?

By Marcus Ward   27 November 2017
0

The VAT Default Surcharge

The Default Surcharge is a civil penalty issued by HMRC to encourage businesses to submit their VAT returns and pay the tax due on time.

VAT registered businesses are required by law to submit their return and make the relevant payment of the VAT by the due date.

A default occurs if HMRC has not received your return and all the VAT due by the due date. The relevant date is the date that cleared funds reach HMRC’s bank account. If the due date is not a working day, payment must be received on the last preceding working day.

Payments on Account (POA)

If a business is required to make POA it must pay them and the balance due with the VAT Return by electronic transfer direct to HMRC’s bank account. The due dates for POA are the last working day of the second and third month of every quarterly accounting period. The due date for the balancing payment is the date shown on the business’ VAT Return. It is important to ensure that payments are cleared to HMRC’s bank by these dates or there will be a default.

Consequence of default

A business will receive a warning after the first default ‐ the Surcharge Liability Notice (SLN). Do not ignore this notice. If you fail to pay the VAT due on the due date within the next five quarters, the surcharge will be 2% of the outstanding tax. The surcharge increases to 5% for the next default, and then by 5% increments to a maximum of 15%.  Each default, whether it is late submission of the return or late payment, extends the surcharge liability period, but only late payment incurs a surcharge.

If you can’t pay the VAT you owe by the due date or are having difficulties, contact the Business Payment Support Service immediately.

Special arrangements for small businesses

There are special arrangements if a business’ taxable turnover is £150,000 or less to help if there are short term difficulties paying VAT on time. HMRC send a letter offering help and support rather than a Surcharge Liability Notice the first time there is a default. This aims to assist with any short-term difficulties before a business formally enters the default surcharge system. If the business defaults again within the following 12 months a SLN will be issued.

Minimum surcharges

There is a minimum of £30 for surcharges calculated at the 10% or 15% rates. There will not be a surcharge at the 2% and 5% rates if it is calculated it to be less than £400. However, a Surcharge Liability Notice Extension extending the surcharge period will be issued and the rate of surcharge if you default again within the surcharge period will be increased.

Reasonable excuse

If a business has a reasonable excuse for failing to pay on time, and it remedies this failure without unreasonable delay after the excuse ends, it will not be liable to a surcharge.

There’s no statutory definition of reasonable excuse and it will depend on the particular circumstances of a case. A reasonable excuse is something that prevented the business meeting a tax obligation on time which it took reasonable care to meet. The decision on whether a reasonable excuse exists depends upon the particular circumstances in which the failure occurred. There is a great deal of case law on this particular issue. Please contact us should there be doubt about a reasonable excuse.

Disagreement over a surcharge

If you disagree with a decision that you are liable to surcharge or how the amount of surcharge has been calculated, it is possible to:

  • ask HMRC to review your case
  • have your case heard by the Tax Tribunal

If you ask for a review of a case, a business will be required to write to HMRC within 30 days of the date the Surcharge Liability Notice Extension was sent. The letter should give the reasons why you disagree with the decision.

Examples when a review may be appropriate are if a business considers that:

  • a business has a reasonable excuse for the default
  • HMRC applied the wrong rate of surcharge
  • HMRC used the wrong amount of VAT when calculating the surcharge
  • there are exceptional circumstances which mean the default should be removed

What is NOT a reasonable excuse

  • lack of funds to pay any VAT due, or
  • reliance on any other person to perform a task, where there has been a delay or inaccuracy on that person’s part.

Appeal

A business will still be able to appeal to the Tribunal if it disagrees with the outcome of the HMRC review.

We are experienced in dealing with disputes over Default Surcharges, so if you feel that one has been applied unfairly, or wish to explore your rights, please let us know.

Category: Compliance Disputes HMRC Publications Penalties Planning Small Businesses Start Up Technical Tribunal VAT Planning Tags: business, default-surcharge, HMRC, indirect-tax, latest-vat-news, marcus-ward, payments-on-account, penalties, penalty, tax, tax-point, value-added-tax, vat, vat-default-surcharge, vat-errors, vat-penalty, vat-planning
Post navigation
« VAT – Autumn 2017 Budget. (No excitement) EC proposes new tools to combat cross-border VAT fraud »

Pages

  • About
    • About Us
    • Our Logo
    • This Website
  • Case Studies
  • Clients
  • Contact Us
  • FAQs
  • Quotations
  • Services
    • Academies and Educational bodies
    • Accountants & Legal Firms
    • Charities
    • International
    • Land & Property
    • Our Services
    • Referrals
    • Training
  • Testimonials
  • Triggerpoints
  • VAT – Informed, Independent, Indirect Tax Advice

Articles

  • VAT: Payments on account – updated guidance 9 June 2025
  • VAT: Are poppadoms crisps? The Walkers Snack Foods case 4 June 2025
  • VAT: New guidance on exception from registration 2 June 2025
  • A VAT Did you know? 20 May 2025
  • Transfer of a VAT registration number – form update 19 May 2025
  • VAT annual statistics updated 15 May 2025
  • VAT: Whether an online tool an ‘examination service’? The Generic Maths case. 12 May 2025
  • VAT: HMRC updates tax avoidance schemes guidance – Stop Notices 8 May 2025
  • VAT Planning: design and build 6 May 2025
  • VAT: Late payment interest Guidance updated 6 May 2025

Categories

  • Agent/principal
  • Border Control
  • Brexit
  • Charities
  • Charity
  • Compliance
  • Contract
  • Court
  • Customs
  • Disputes
  • DIY Housebuilders
  • EC
  • EU
  • HMRC Publications
  • Imports
  • International
  • Land & Property
  • Latest from the Courts
  • Latest VAT news
  • Law
  • MTD
  • Penalties
  • Planning
  • Small Businesses
  • SME
  • Start Up
  • Tariff
  • Technical
  • Technology
  • Tribunal
  • Uncategorized
  • Valuation
  • VAT – Input Tax
  • VAT Basics
  • VAT Claim
  • VAT commentary
  • VAT Debt
  • VAT Did you know
  • VAT DIY Housebuilders
  • VAT Errors
  • VAT Exemption
  • VAT Exports
  • VAT Financial Services
  • VAT Group
  • VAT Inspections
  • VAT Invoices
  • VAT Legislation
  • VAT Non-busines
  • VAT Partial Exemption
  • VAT Payment
  • VAT Planning
  • VAT Registration
  • VAT Zero rate
  • VAT- Output Tax

Archives

  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
© 2014 · Marcus Ward Consultancy Ltd
email: marcus.ward@consultant.com mobile: 07748 117935
Forestly Theme | Powered by Wordpress