The VAT Guide Sections 31-35

HMRC Reference: Notice 700 sections 31-35 (April 2002)
 

Contents

Foreword

Other notices on this or related subjects

31. VAT Act 1994, Schedule 5, Paragraphs 1 to 8

32. Apportionment of output tax

32.1 Introduction to apportionment of output tax

32.2 Examples of methods for apportioning output tax

33. Apportionment of tax between business and non-business activities

33.1 Introduction to apportionment between activities

33.2 Need for apportionment

33.3 Private use

33.4 Non-business activities

33.5 Example of a method of apportionment

33.6 Other methods of apportionment

33.7 Partial exemption

34. Standard legal abbreviations

35. Index

Do you have any comments?

Update 2 issued February 2004

 

Foreword

This notice cancels and replaces Notice 700 (March 2000). Details of any changes to the previous version can be found in paragraph 1.2 of this notice.

Further help and advice

If you need general advice or more copies of Customs and Excise notices, please ring the National Advice Service on 0845 010 9000. You can call between 8.00 am and 8.00 pm, Monday to Friday.

If you have hearing difficulties, please ring the Textphone service on 0845 000 0200.

If you would like to speak to someone in Welsh, please ring 0845 010 0300, between 8.00 am and 6.00 pm, Monday to Friday.

All calls are charged at the local rate within the UK. Charges may differ for mobile phones.

Other notices on this or related subjects

Notice 700 is the main reference guide to VAT. It includes frequent references to more specialised publications. See Section 1 of the notice for more information.

You can find helpful introductory information in:

31. VAT Act 1994, Schedule 5, Paragraphs 1 to 8

(This list of services is referred to in paragraphs 4.8.3 and 5.4)

Paragraph


Type of service


1


Transfers and assignments of copyright, patents, licences, trademarks and similar rights.


2


Advertising services.


3


Services of consultants, engineers, consultancy bureaux, lawyers, accountants and other similar services; data processing and provision of information (but excluding from this head any services relating to land).


4


Acceptance of any obligation to refrain from pursuing or exercising, in whole or part, any business activity or any such rights as are referred to in paragraph 1 above.


5


Banking, financial and insurance services (including reinsurance, but not including the provision of safe deposit facilities).


6


The supply of staff.


7


The letting on hire of goods other than means of transport.


7A


Telecommunications services, that is to say services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, including the transfer or assignment of the right to use capacity for such transmission, emission or reception.


8


The services rendered by one person to another in procuring for the other any of the services mentioned in paragraphs 1 to 7A above.


32. Apportionment of output tax

32.1 Introduction to apportionment of output tax

This section gives examples of how to apportion output tax (see paragraph 8.1 of this notice).

There are two basic methods of apportioning output tax - one based on cost, the other on market value. There are examples here of both these methods, including an example of apportionment where you can only determine the cost of one of the supplies.

Both methods can be adapted to apply to either tax-inclusive or tax-exclusive amounts, as shown in the examples under Method 1(a).

You do not have to use any of the methods shown here but, if you do use a different method, it must still give a fair result.

Apportionment is only necessary if the price you charge is the only consideration for the supplies (see paragraph 7.3). If the consideration is not wholly in money you must account for VAT on the open market value of the supplies, as explained in paragraph 7.4.

32.2 Examples of methods for apportioning output tax

The examples assume that the standard rate of VAT is 17.5% and the VAT fraction is therefore 7/47.

32.2.1 Method 1(a) An apportionment based on the cost of both supplies

Example 1: VAT-inclusive price

You make a zero-rated supply and a standard-rated supply and you charge an inclusive price of £138. The cost (see paragraph 7.6) of the zero-rated supply is £23 and the tax-exclusive cost of the standard-rated supply is £40.

You can work out the VAT and the tax values like this:


(a)


Total price (including VAT)


£138


(b)


Cost of zero-rated supply


£23


(c)


Cost of standard-rated supply


£40


To work out the VAT on the standard-rated supply:


(d)


Multiply (c) by the standard rate of VAT: £40 x 17.5% = £7


To work out the cost of the standard-rated supply including VAT:

(e) Add (c) and (d): £40 + £7 = £47

To work out the total cost, including VAT, of both supplies:

(f) Add (b) and (e): £23 + £47 = £70

To work out what proportion the standard-rated supply forms of the total cost:

(g) Divide (e) by (f):

Example calculaton of VAt

To work out the amount of the total price formed by the standard-rated supply:

(h) Multiply (g) by (a): 0.6714 x £138 = £92.65

This is the VAT-inclusive price of the standard-rated supply.

To work out the VAT included in this amount:

(i) Multiply (h) by the VAT fraction:

VAT fraction calculation

To work out the tax value of the standard-rated supply:

(j) Subtract (i) from (h):

£92.65 - £13.80 = £78.85

To work out the tax value of the zero-rated supply:

(k) Subtract (h) from (a): £138 - £92.65 = £45.35

So the price of £138 is apportioned like this

Value of standard-rated supply = £78.85

VAT on standard-rated supply = £13.80

Value of zero-rated supply = £45.35

Total price (including VAT) = £138.00

Example 2: VAT- exclusive price

For the purpose of this example, the circumstances are identical to those described in example 1 except that you are calculating VAT on the basis of a tax-exclusive selling price of £126.

The VAT and tax values are therefore calculated as follows:

(a) Total price (excluding VAT) £126

(b) Cost of zero-rated supply £23

(c) Tax-exclusive cost of standard-rated supply £40

To work out the cost of both supplies:

(d) Add (b) and (c): £23 + £40 = £63

To work out what proportion the standard-rated supply forms of the total cost:

(e) Divide (c) by (d):

Example to work out what proportion the standard-rated supply forms of the total cost

To work out the amount of the total price formed by the standard-rated supply:

(f) Multiply (e) by (a): 0.6349 x £126 = £80

This is the tax value of the standard-rated supply, excluding VAT.

To work out the VAT on the standard-rated supply:

(g) Multiply (f) by the standard rate of VAT: £80 x 17.5% = £14

To work out the tax value of the zero-rated supply:

(h) Subtract (f) from (a): £126 - £80 = £46

32.2.2 Method 1(b) An apportionment based on the cost of one supply only

You make a standard-rated supply and a zero-rated supply and you charge an inclusive price of £142. The zero-rated supply is of goods which cost you £26 - but the standard-rated supply is of services, the costs of which you cannot identify.

You can work out the VAT and the tax values like this:

(a) Total price (including VAT) £142

(b) Cost of zero-rated supply £26

To work out the value of the zero-rated supply:

(c) Add an uplift to (b): £26 + (say) 50% = £39

The actual cost-to-value uplift you apply will depend on the specific circumstances, but it must be a fair and reasonable figure, consistent with the profit margins actually achieved in your business.

To work out the amount of the total price formed by the standard-rated supply:

(d) Subtract (c) from (a): £142 - £39 = £103

To work out the VAT included in this amount:

(e) Multiply (d) by the VAT fraction:

Example calculation, multiplying by VAT fraction

To work out the value for VAT of the standard-rated supply:

(f) Subtract (e) from (d): £103 - £15.34 = £87.66

So the price of £142 is apportioned like this:

Value of standard-rated supply £87.66

VAT on standard-rated supply £15.34

Value of zero-rated supply £39.00

Total price (including VAT) £142.00

32.2.3 Method 2 An apportionment based on market values

You make a zero-rated supply and a standard-rated supply and charge an inclusive price of £200. Normally, your customer would have to pay £50 for the zero-rated supply and £200 (including VAT) for the standard-rated supply.

You can work out the tax values and the tax due like this:

(a) Total price (including VAT) £200

(b) Normal price for zero-rated supply £50

(c) Normal price (including VAT) for standard-rated supply £200

To work out the normal price for both supplies:

(d) Add (b) and (c): £50 + £200 = £250

To work out what proportion the standard-rated supply forms of the total normal price:

(e) Divide (c) by (d):

Example to work out what proportion the standard-rated supply forms of the total normal price

To work out the amount of the total price formed by the standard-rated supply:

(f) Multiply (a) by (e): £200 x 0.8 = £160

This is the VAT-inclusive price of the standard-rated supply.

To work out the VAT included in this amount:

(g) Multiply (f) by the VAT fraction:

Example of multiplying the VAT fraction

To work out the tax value of the standard-rated supply:

(h) Subtract (g) from (f): £160 - £23.83 = £136.17

To work out the tax value of the zero-rated supply:

(i) Subtract (f) from (a): £200 - £l60 = £40

So the price of £200 is apportioned like this:

Value of standard-rated supply £136.17

VAT on standard-rated supply £23.83

Value of zero-rated supply £40.00

Total price (including VAT) £200.00

33. Apportionment of tax between business and non-business activities

33.1 Introduction to apportionment between activities

This section explains how to treat tax incurred on goods or services that are used only partly for business purposes (see paragraph 4.6.6).

There are special rules for private use of road fuel. These are set out in Notice 700/64 Motoring expenses.

33.2 Need for apportionment

You cannot treat VAT incurred on purchases of goods and services as input tax unless you intend to use those goods or services for the purposes of your business.

33.2.1 Services

If you buy services for both business and non-business (including private) purposes, you can treat only part of the VAT as input tax. You must work out what proportion of the use of the services is for business purposes. This is called apportionment. You can then make any further apportionment for partial exemption purposes.

33.2.2 Goods

If you buy goods for both business and private purposes, you may apportion the tax in the same way as you would for tax on services. However, if you choose, you may reclaim all the tax on the goods as input tax and then go on to account for output tax in each accounting period on the costs of making the goods available for private purposes.

33.3 Private use

If you buy goods or services for both business and private use, you must first decide on the percentage of business use. You can then work out the amount of VAT you can treat as input tax.

For example, if the VAT on the purchase is £100 and only one quarter is used for business purposes the input tax will be:

£100 x 1/4 = £25

33.4 Non-business activities

If you use goods or services partly for non-business activities - for example, if your organisation is a charity - you will not be able to treat all the VAT you pay as input tax.

You should begin by identifying, as far as you can, VAT on those purchases that are wholly attributable to either a business or a non-business use. Remember, VAT on purchases used wholly for non-business purposes is not input tax.

The VAT incurred on your remaining purchases, which you cannot attribute wholly to a business or non-business use, must then be apportioned. There is no special method of apportionment but your calculations must be fair and reasonable, and you must be able to justify them.

33.5 Example of a method of apportionment

This example shows how you can apportion VAT based on your income.

You should exclude from the calculation:

  • the VAT on purchases which will be used wholly for either business or non-business purposes and deal with this as set out above; and
  • purchases on which you can never reclaim input tax (see paragraph 10.3).

For the purposes of this example:

  • you pay £l,000 VAT on purchases which are used for both business and non-business purposes;
  • your income from business activities (taxable and exempt supplies) amounts to £20,000 per year; and
  • your total income from all sources, including business activities, grants and donations, amounts to £50,000 per year.

You can work out your input tax like this:

(a) Total VAT paid £1,000

(b) Income from business activities £20,000

(c) Total income £50,000

To work out the proportion which is business income:

(d) Divide (b) by (c):

Example too work out the proportion which is business income

To work out how much of the VAT you have paid you can treat as input tax:

(e) Multiply (a) by (d):

Example multiplication to work out the proportion which is business income

This is your provisional input tax for the VAT period.

At the end of each …


You…


tax period


can reclaim the input tax provisionally, subject to the normal rules.


tax year


should make an adjustment by making the same calculation using your total figures for the year.


If your returns are…


Then your tax year ends on…


quarterly


31 March, 30 April or 31 May depending on the tax periods that you have been allocated.


monthly


31 March.


Remember, you do not have to use this method. If you consider that it is not suitable for your circumstances you can use any other formula, provided it produces a fair and reasonable result. See below.

33.6 Other methods of apportionment

These may include:

  • keeping a record of the use made of an object (for example, a yacht or aircraft);
  • keeping a record of the time spent by employees on business and non-business activities; and
  • calculating within a building the extent to which the floor area is used for business and non-business purposes.

Whatever formula you use, the input tax is only reclaimed provisionally at the end of each tax period. At the end of each tax year you should make the adjustment as explained above.

When visiting you, VAT officers will check to ensure that the amount treated as input tax is fair and reasonable. If you have agreed a particular method with us but consider it is no longer suitable, you should write to your local VAT Business Centre giving details of your proposed new method.

33.7 Partial exemption

If you are partly exempt, you must work out how much VAT you can treat as input tax before you deal with any partial exemption calculations (see paragraph 13.1).

34. Standard legal abbreviations

A list of standard abbreviations for statutory references is set out below. The list also indicates those references which should begin in the upper case.

Full stops are used in law to indicate abbreviations. To help computer systems used by the trade, when you refer to the law you should normally leave out any full stops used to indicate abbreviations.

Statutory reference


Singular


Plural


Article (of EC directives)


art


arts


article (of UK Treasury order etc)


art


arts


chapter


c


cs


Customs and Excise Management Act 1979


CEMA


-


clause


cl


cls


Directive


Dir


Dirs


EC Regulation


EC Reg


EC Regs


Finance Act, 1999


FA 1999


-


Finance Bill, 1999


FB 1999


-


Group


Gp


Gps


item


it


its


Note


Note


Notes


paragraph


para


paras


part


Pt


Pts


regulation


reg


regs


Schedule


Sch


Schs


section


s


ss


Statutory Instrument


SI


SIs


Value Added Tax Act, 1994


VATA 1994


-


35. Index

This index covers information available in our publications.

There is a full list of VAT publications in Notice 999 Catalogue of publications and on our website. The address is www.hmce.gov.uk. You can obtain copies of notices from our National Advice Service.

Subject


References in this notice


References in other publications


A


   

Abattoirs


 

701/40


Accommodation


   

- camping


 

709/3


- domestic


12.2


 

- employees’ subsistence expenses


12.1


 

- in hotels etc


 

709/3


Accounts - see Records and accounts


   

Acquisition


   

- registration


6.2.1


700/1


- Single Market


5.8.3


725


Adjudicator’s Office


2.9


 

Admission to premises


   

- betting and gaming premises


 

701/26


- bingo halls


 

701/27


- charitable events


 

701/1, CWL4


Advertising


   

- charities


 

701/58


Agents


   

- general


Sections 22-25


 

- betting


 

701/26


- catering


 

709/1


- EC and international supplies involving UK undisclosed agents


Section 24


 

- export


25.3


 

- forwarding and shipping


 

702


- registration of


22.7


 

- search agencies


25.5


 

- supplies by


22.3-22.6


 

- VAT invoices


Section 23


 

Agricultural flat rate scheme


26.13


700/46


Air conditioning


 

701/19


Aircraft


   

- housing or storage of


 

744C


- parts and equipment


 

744C


- stores for


 

703


- supplies of


 

744C


- transport in


 

744A


Amusement and gaming machines


 

701/13


Animals


 

701/15


Annual accounting scheme


20.6


732


Antiques and works of art


   

- disposals from stately homes


 

701/12


Appeals


   

- general


Section 28


Explanatory leaflet: ‘Appeals and applications to the Tribunals’


- default surcharge


21.2.2


700/50


- reasonable excuse and mitigation


27.6


 

Apportionment


   

- input tax


4.6.6, Section 33


 

- output tax


8.1, Section 32


 

Assessments


21.2.1


 

Assets, business


   

- disposal of


9.1


700/15


- on cancellation of registration


 

700/11


Associations


   

- general


 

701/5


- political parties, trade unions, professional and trade


 

701/5


Auctions and auctioneers


   

- as agents


25.2


 

- goods sold for export


 

703, 704


- goods sold in satisfaction of a debt


18.4.1


 

- scheme


 

718


Authenticated receipts


17.4.2


708


B


   

Bad debt relief


18.5


700/18


Bank account, change of


26.3


 

Bankruptcy - see Insolvency


   

Banks


 

701/49


Barristers and advocates, fees on ceasing to practice


 

700/44


Barter


7.4, 8.7


 

‘Belonging’


4.8.3


741


Betting and gaming


 

701/26


Bingo


 

701/27


Boats - see also Ships and shipping


   

- houseboats


 

701/20


- lifeboats


 

744C


- mooring and storage


 

742, 744C


- sailaway exports


 

703/2, 703/3


Booking fees


8.13


709/3


Book tokens


 

701/10, 727/3, 727/4, 727/5


Boots, protective


 

701/23


Building and construction


   

- general


 

708


- ‘do-it-yourself’ builders


 

719


- people with disabilities


 

701/7


- stage payments


15.3


708


- zero-rating, VAT certificates


 

708


Buildings


   

- protected


 

708


- commercial


 

742


Burial and cremation


 

701/32


Business


   

- activities


4.6


 

- entertainment


 

700/65


- gifts


8.9


700/15


- promotion schemes


 

700/7


C


   

Camping


 

709/3


Cancellation charges


8.13


709/3


Cancellation of registration – see Registration, cancellation of


   

Capital goods scheme


13.2


706/2


Caravans


   

- civil engineering services for permanent parks


 

708


- general


 

701/20


- accommodation in


 

701/20, 709/3


- pitches


 

742, 701/20, 709/3


Care


 

701/31, 701/1


Cars - see Motor vehicles


   

Cash accounting scheme


19.3


731


Cash and carry till rolls


17.2, 19.7.2


 

Cashbook accounting


19.8.3


 

Catering


   

- general


 

709/1


- industrial


 

709/1


- in hotels etc


 

709/3


- in hospitals


 

709/1


Changes in tax rates and liability


3.7, Section 30


 

Change in business circumstances


Section 26


 

Channel Islands


4.7.3


 

Charities


   

- advertising


 

701/58


- general


 

701/1


- new buildings and annexes


 

708


- business and non-business activities of


4.6


701/1


- fund-raising events


 

701/1, CWL4


- medicinal products


 

701/1


Chemists, pharmaceutical


 

701/57


Children’s clothing and footwear


 

714


Churches


 

701/1


Civil engineering


 

708


Clothing and footwear


   

- young children’s


 

714


- protective boots and helmets


 

701/23


Clubs and associations


   

- general


 

701/5


- professional and trade


 

701/5


- youth clubs


 

701/35


Coal and coke


 

701/19


Commodity markets


 

701/9


Competitions


   

- lotteries


 

701/28


Complaints


2.9


989, 1000


Computers


   

- capital goods scheme


13.2


706/2


- imports of software


 

702/4


- invoicing


17.7


 

Concessions, extra-statutory


2.6


48


Conditional sale


8.4


 

Confectionery


 

701/14


Consideration


7.2–7.4


 

Construction industry - see Building and construction


   

Containers


   

- international transport


 

703/1


- returnable


8.2


 

Contingent discounts


7.3.2(c), 18.2


 

Conversion of foreign currency


7.7, 16.4


 

Correspondence courses


 

701/30


Coupons, price reduction


 

700/7, 727


Courts, costs awarded


25.6


 

Crash helmets


 

701/23


Credits and debts – general


Section 18


 

Credit


   

- grants of


 

701/49


- sale


8.4


 

- time of supply


15.11


 

Credit and charge cards


   

- companies


 

701/49


- use of vouchers as VAT invoices


16.6.1


 

Credits and credit notes


18.2, 19.6, 19.9


700/15, 700/21


Cremation


 

701/32


Currency conversion


7.7, 16.4


 

D


   

De minimis rules (partial exemption)


13.1


706


Dealer loader concessions


 

700/7


Death of taxable person


26.7-26.8


 

Debits and debit notes


18.2


 

Debt


   

- bad debt relief


18.5


700/18


- collectors


25.6


 

- factoring


 

701/49


- goods sold in satisfaction of


8.11, 18.4


 

Default interest


27.7


700/43


Default surcharge


21.2.2


700/50


Deferment of VAT on imports


5.2


101, 702


Delivery charges


8.3


700/24


Demolition services


 

708


Dentists


 

701/57


Deposits


   

- general


14.2.3


700/15


- booking fees


8.13


709/3


Deregistration - see Registration, cancellation of


   

Derivative and terminal markets


 

701/9


Destroyed goods


8.10


 

Disbursements


25.1


 

Discounts


7.3.2, 18.2


 

Distance selling


 

700/1, 725


Divisional registration


26.5


700/2


‘Do-it-yourself’ builders


 

719


Doctors


 

701/57


Donations


 

701/1, 701/41


Drinks


 

701/14


Drugs etc, prescribed


 

701/57


Dwellings, construction/ creation etc


 

708


E


   

EC Sales Lists


5.8.1


725


Education


 

701/30


Effective date of registration


 

700/1


Electricity


 

701/19


Election to waive - see option to tax


   

Employees


   

- accommodation in hotels etc


12.1.3


 

- catering for


12.1


709/1


- goods for private use


9.3.1


 

- goods for work use


4.4


 

Employment training


 

701/30


Entertainment


   

- business


 

700/65


Errors


   

- on VAT invoices


19.10


 

- on VAT returns


19.11


700/45


- Department, interest on


2.7


 

Estimated figures, use of on VAT returns


21.2.3


 

Evasion


27.4


 

Exchange units


8.6


 

Exempt supplies - see also Partial exemption


   

- scope


3.6


700/15


- option to tax


3.6


742A


Exemption from registration


26.12


700/1


Exports


   

- general


5.6-5.7


703


- by charities


 

701/1


- motor vehicles


 

705, 705A


- retail exports (overseas residents)


 

704, 704/1


- retail exports (UK residents and ships etc crews)


 

704, 704/2


- sailaway boats


 

703/2, 703/3


- tools for manufacture of goods for


 

701/22


Extra-statutory concessions


2.6


48


F


   

Finance


 

701/49


Finance companies - hire purchase


8.4


701/49


Financial penalties - see Penalties


   

Fishing rights


 

742


Food


   

- general


 

701/14


- animal


 

701/15


- catering and take-away


 

709/1


- catering, industrial


 

709/1


Footwear - see Clothing and footwear


   

Forces, visiting


8.15


48


Foreign currency, conversion


7.7


 

Foreign exchange, dealings with


7.7, 16.4


701/49


Free zones


5.5


702/9


Freight


   

- containers


 

703/1


- transport of


 

744B


Fuel and power


 

701/19


Funded pension schemes


 

700/17


Fundraising events, charities


 

701/1


Funerals and funeral directors


 

701/32


G


   

Game, right to take


 

742


Gaming


 

701/26


Gaming machines


 

701/13


Gas


   

- liability


 

701/19


- time of supply


14.3, 15.6


 

Gifts, business


8.9


700/15, 700/7


Global Accounting


 

718


Going concern, transfer of, see Transfer of going concern


   

Gold and investment gold coins


 

701/21, 701/21A


Goods


   

- definition of supply


4.4


 

- employees’ private use


9.3, 19.5


 

- employees’ work use


4.4


 

- free repair and replacement


18.3


 

- imports and exports


Section 5


702, 703, 704, 705, 705A


- lost, stolen or destroyed


8.10


 

- personal or private use


9.3, 15.1


 

- place of supply


4.8


 

- returned


18.3


 

- sold in satisfaction of a debt


18.4


 

Government departments


8.15


 

Grants


4.6.5(a)


701/41


Grazing rights


 

701/15


Group treatment


26.4


700/2


H


   

Handicapped people - see Disabled


   

Health (see also Medical services)


 

701/31, 701/57


Health authorities


8.15


 

Heat and heating


 

701/19


Helmets, protective


 

701/23


Hire


   

- of goods


4.4


 

- motor vehicles


 

700/64


Hire purchase


   

- general


8.4


 

- time of supply


15.11


 

Holidays and holiday services


   

- accommodation


 

709/3


- tour operators


 

709/5


Home brewing kits


 

701/14


Hospitals


   

- catering in


 

709/1


- medical services in


 

701/31


Hotel accommodation


 

709/3


Houseboats


 

701/20


Houses - see Building and construction


   

I


   

Ice cream


 

701/14


Imports


   

- general


Section 5


702


- computer software


 

702/4


- deferment of VAT


5.2


101, 702


- records and accounts


19.7.3


702, 700/21


- services


5.4, 15.12, Section 31


741


Incapacity of taxable person


26.7


 

Indemnities under property lease agreements


 

742


Information and advice – sources of


Section 1


 

Input tax


   

- general


Sections 10-13


700/15


- apportionment


Section 33


 

- business entertainment


 

700/65


- cars


10.3


 

- claims from abroad


10.7


723


- deductible and non-deductible


10.2, 10.3


700/15


- definition


10.1


700/15


- evidence for deduction of


19.7


700/21


- exempt supplies


13.1


706


- goods dwellings and residential buildings


 

708


- parking fees


19.7.5


 

- pre-registration expenses


Section 11


700/1


- records and accounts


19.7


700/21


- VAT paid in other countries


10.7


723


- vending machines


19.7.5


 

Insolvency


   

- of a customer


18.5


700/18


- of a registered person


26.9


700/56


- sale of goods


18.4


 

Installed/assembled goods


 

725


Insurance


   

- general


 

701/36


- guarantees or insurance for cancellation charges


8.13


701/36


- surrender of damaged goods


8.10


 

Intending traders


 

700/1


Interest, in cases of Departmental error


2.7


 

Interest payments (liability)


 

701/49


Intra-EC supplies


5.8


725


Intrastat


5.8.2


60


Invoices - see VAT invoices


   

Isle of Man


   

- general


4.7


 

- registration of persons


26.6


 

J


   

Joint employment


 

700/34


L


   

Land and property


   

- supplies of


 

742


- property development


 

742


Late registration penalty


27.2


700/41


Learned societies


 

701/5


Lease - see Hire of goods


   

Liability


   

- zero-rated, reduced-rated and exempt supplies


Section 29


 

- law


 

701/39


Lifeboats


 

701/1, 744C


Limited company, creation or dissolution of


26.2


 

Linked goods schemes


 

700/7, 727/3, 727/4, 727/5


Liquidated damages


 

708


Liquidator


   

- appointment of


26.9


 

- sale of goods by


18.4.3


 

Listed buildings


 

708


Local authorities


6.1.2, 4.6.5(d), 8.15


749


Lotteries


 

701/28


M


   

Mail order


8.3


700/24


Management services (land and property)


 

742


Margin Scheme


 

718


Meals


   

- for employees


12.1


709/1


- on wheels


 

701/1


Medical services


   

- general


 

701/31, 701/57


- medical and surgical appliances


 

701/7, 701/6


Membership facilities


   

- clubs and associations


 

701/5


- professional and trade associations, learned societies and trade unions


 

701/5


- youth clubs


 

701/35


Meters - gas and electricity


 

701/19


Microfilm and microfiche records


19.2.4


 

Mileage allowances


 

700/64


Mineral rights


 

742


Misdirection by a VAT officer


2.5.2


48


Misunderstanding


2.5.1


48


Mixed supplies


8.1, Section 32


 

Mobile homes - see Caravans


   

Money, dealings with


 

701/49


Monuments, scheduled


 

708


Mooring rights


   

- general


 

742, 744C, 701/45


- houseboats


 

701/20


Motorcycles - see Motor vehicles


   

Motoring expenses


9.2


700/64


Motor vehicles


 

700/64


- conversion of, value for VAT


 

700/64


- deduction of input tax


10.3


700/64


- definition of ‘car’


 

700/64


- exports of vehicles by customers


 

705, 705A


- insurance


 

701/36


- lease or hire of


 

700/64


- MOT charges


25.4


 

- parking facilities


 

742


- New Means of Transport


 

728


- repair and maintenance


 

700/64


- scale charges


 

700/64


- self-supplies


19.5.3


 

- vehicles for disabled people and charities


 

701/6, 701/59


N


   

National Advice Service


1.5


 

Newspapers


 

701/10


New Means of Transport


 

725, 728


Non-business use


   

- definition


4.6


 

- apportionment of input tax


Section 33


 

- cars


 

700/64


- charities


 

701/1


- records and accounts


19.5.2


 

- road fuel


 

700/64


Non-Departmental public bodies


8.15


 

Nurseries, crèches and playgroups


 

701/31


O


   

Oil


 

701/19


Open market value


7.4


 

Opticians and ophthalmic services


 

701/57


Option to tax


3.6


742A


Outputs and output tax


   

- general


Sections 7-9


700/15


- apportionment of


8.1, Section 32


 

- credits


19.6


700/15


- definition


7.1


700/15


- records and accounts


19.5


700/21


Overpaid VAT, repayment of


19.13


 

Overseas residents


   

- repayment of UK VAT to


 

723


- retail exports by


 

704, 704/1


P


   

Packaging


8.2


 

Parking


   

- input tax on fees


19.7.5


 

- supplies of facilities


 

742


Part-exchange


7.4, 8.7


700/15


Partial exemption


   

- general


13.1


706


- capital goods scheme


13.2


706/2


- motoring expenses


 

700/64


- self-supply of stationery


 

706/1


Partnership


   

- change in composition of


26.3


 

- creation of


26.2(c)


 

- dissolution of


26.2(d)


 

Payment


   

- on account (POA)


21.7


700/60


- methods of


21.3


 

- failure to pay


21.2.4


930


Payphones


8.12.1


 

Penalties


   

- general


Section 27


 

- civil evasion


27.4.2


 

- late registration penalty


27.2


700/41


- misdeclaration penalty and repeated misdeclaration penalty


27.3


700/42


Pension schemes


 

700/17


People with disabilities


   

- aids for


 

701/7


- building alteration for


 

701/7


- motor vehicles supplied to


 

701/59


- talking books


 

701/1


Period rates of exchange


7.7


 

Pet food


 

701/15


Petrol - see Road fuel


   

Pharmacists


 

701/57


Philatelic material


 

701/8


Phonecards


8.12.2


700/7, 727/3, 727/4, 727/5


Photocopying


 

701/10


Place of supply


   

- goods


4.8.2


 

- services


4.5, 4.8.3, 10.2, 29.2.21


741


Plants


 

701/38


Political parties


 

701/5


Postage and packing


8.3


700/24


Power


   

- liability


 

701/19


- time of supply


15.6


 

Premises, sharing of


 

742


Private use


   

- goods and services


9.3


 

- value for VAT


7.6


 

Prizes


   

- betting and gaming


 

701/26


- bingo


 

701/27


- clubs and associations


 

701/5


- sports competitions


 

701/45


Processing of goods


4.5


 

Professional associations


 

701/5


Promotion schemes, business


 

700/7


Pro-forma invoices


17.3


 

Property


   

- commercial


 

742


- development


 

742


- ownership


 

742


Protected buildings


 

708


Protective boots and helmets


 

701/23


R


   

Raffles


 

701/28


Rates of exchange


7.7


 

Reasonable excuse


27.6


 

Receiver


   

- appointment of


26.9


 

- sale of goods by


18.4.3


 

Records and accounts


   

- general


Section 19


700/21


- cashbook accounting


19.8.3


 

- computer


17.7


 

- credit notes


18.2, 19.6, 19.9


 

- debit notes


18.2, 19.9


 

- imports (of goods)


19.7.3


702


- inputs and input tax


19.7-19.8


 

- motoring expenses


 

700/64


- non-deductible items


19.8.2


 

- outputs and output tax


19.5


 

- retention of


19.2


 

- requirement to maintain


19.2


 

- retailers


 

727


- rounding off


17.5


 

- services received from abroad


19.7.4


702


- VAT invoices


Sections 16 and 17


 

- VAT account


19.12


 

- warehoused goods


19.7.3


702/9


Reduced-rated supplies


3.4, Section 29


 

Refrigeration


 

701/19


Refunds of VAT


   

- ‘do-it-yourself’ builders


 

719


- paid in other countries


10.7


723


Registered person


6.1.4


 

Registration for VAT


   

- general


Section 6


700/1


- acquisitions


6.2.1


700/1


- agents


22.7


 

- amendment of


26.3


 

- distance sales


6.2.2


700/1


- divisional


26.5


700/2


- exemption from


26.12


700/1


- group treatment


26.4


700/2


- intending traders


 

700/1


- Isle of Man


26.6


 

- joint ventures


6.8


 

- Non Established Taxable Persons (NETPs) and unregistered UK businesses


6.2.3


 

- reverse charge services


5.4, Section 31


 

- voluntary


6.1.2


700/1


Registration, cancellation of


   

- changes requiring


26.2


700/11


- voluntary


26.11


700/11


Repair of goods


8.6


 

Repayment


   

- claims for repayment of overpaid VAT


19.13


 

- repayment returns


 

700/58


- supplement


21.6


700/58


Research


 

701/30


Residential buildings, construction/creation etc


 

708


Retail schemes


   

- general


 

727


- catering


 

727, 709/1


- Phonecards


8.12.2


700/7, 727/3, 727/4, 727/5


Retail Export Scheme - see Exports, retail


   

Retention of records


19.2


700/21


Retention payments


15.4


708


Returnable containers


8.2


 

‘Reverse charge’ services


5.4, Section 31


741


Road fuel


   

- VAT invoices for


17.1


700/64


Roads


 

708


Royalties


15.8, 25.1


 

S


   

Sale of business


26.2, 26.7-26.9


 

Sale or return (time of supply)


14.4


 

Samples of goods


8.8


 

Scheduled monuments


 

708


Schools


 

701/30


Second-hand goods


8.5


718


Securities, dealings in


 

701/49


Search agencies


25.5


 

Seeds


 

701/38


Self-billing


17.4


 

Self-supply


   

- building services


9.2, 15.2, 19.5.3


708


- motor vehicles


9.2, 15.2, 19.5.3


700/64


- stationery


9.2, 15.2, 19.5.3


706/1


Service charges and tips


8.14


 

Services


   

- imported, time of supply (tax point)


15.12


741


- place of supply


4.8


741


- received from outside the UK


5.4, Section 31


 

- ‘reverse charge’


5.4, Section 31


 

- supply of


4.5


 

Sewerage services


 

701/16


Ships and shipping


   

- parts and equipment


 

744C


- liability


 

744C


- retail exports by crews


 

704/2


Shoes - see Clothing and footwear


   

Single Market


   

- acquisition


5.8.3


725


- acquisition registration


 

700/1


- despatches


5.8


 

- distance selling


 

700/1, 725


- EC Sales Lists


5.8.1


725


- Intra-EC supply


5.8


725


- Intrastat


5.8.2


60


- installed/assembled goods


 

725


- New Means of Transport


 

725, 728


- Tax representatives


 

725


- triangulation


 

725


Slaughterhouses


 

701/40


Solicitors’ charges


25.6


 

Sponsorship


 

701/41


Sport


 

701/45


Staff


   

- supply of


 

700/34


- entertainment


12.1.4


 

Stage payments


15.3


 

Stamps, postage


 

701/8


Stately homes, disposal of antiques and works of art


 

701/12


Stationery


   

- liability


 

701/10


- self-supply


9.2, 15.2, 19.5.3


706/1


Stocks and assets


   

- disposals of


9.1


 

- on cancellation of registration


 

700/11


Stolen goods


8.10


 

Sub-contractors, rules for zero-rating building work


 

708


Subscriptions


   

- charities


 

701/1


- clubs and associations


 

701/5


- professional bodies and trade associations


 

701/5


- trade unions


 

701/5


- youth clubs


 

701/35


Subsistence expenses for employees


12.1


 

Supply


   

- of goods


4.4


 

- of services


4.5


 

- of staff


 

700/34


- mixed


8.1, Section 32


 

- place of


4.8


 

- taxable


Section 3


 

- time of


Sections 14 and 15


 

Surcharge - see Default surcharge


   

T


   

Takeaway food


 

701/14


‘Talking books’ for people with disabilities


 

701/1


Tax avoidance


2.3


 

Tax periods


20.5


 

Tax point - see Time of supply


   

Tax representatives


 

725


Tax value - see Value for VAT


   

Taxable


   

- person


Section 6


700/1


- supply


Section 3


700/15


- turnover


6.1.2


700/1


Taxis and hire cars


 

700/25


Taxpayer’s Charter


2.8


 

Teleflorist


 

727


Terminal markets


 

701/9


Theft of goods


8.10


 

Timber, right to fell


 

742


Time of supply (tax point)


   

- general


Sections 14 and 15


 

- construction services


15.2


708


- continuous supplies


14.3


 

- credit sale and hire-purchase


15.11


 

- imported services


15.12


 

- personal or other non-business use


15.1


 

- power, heat etc


15.6


 

- property


15.9


 

- retention payments


15.4


708


- royalties and similar payments


15.8


 

- sale or return


14.4


 

- self-supplies of stationery


15.2


706/1


- self-supplies of cars


15.2


 

- stage payments


15.3


 

- tax point rules


Sections 14 and 15


 

Timeshare holiday accommodation


 

709/3


Tools for manufacture of goods for export


 

701/22


Tour operators


 

709/5


Trade unions


 

701/5


Trading name, change of


26.3


 

Trading stamps


 

700/7, 727


Training


   

- liability


 

701/30


Transfer of a going concern


26.10


700/9


Transport


 

744A, 744B


Triangulation


 

725


Tribunals - see Appeals


   

Turnover, taxable


6.1.2


700/1


U


   

Undertakers


 

701/32


United Kingdom, definition for VAT purposes


4.7


 

Universities


 

701/30


Unjust enrichment


19.13


 

V


   

Value for VAT


   

- general


Section 7


700/15


- barter


7.4, 8.7


 

- cost of supply


7.6


 

- discounts


7.3.2


 

- imported goods


 

702


- imported services


 

741


- intra-community acquisitions of goods


 

725


- open market value


7.4


 

- part exchange


7.4, 8.7


 

- private or personal use


7.6, 9.3


 

VAT Central Unit (VCU)


20.2


 

VAT certificates - zero-rating (eligible buildings)


 

708


VAT fraction


7.3.1


 

VAT invoices


   

- general


Sections 16 and 17


700/21


- agents’


Section 23


 

- calculation of VAT on (rounding of amounts)


17.5


 

- calculation of VAT at retailers


17.6


 

- cash and carry till rolls


17.2, 19.7.2


 

- computer invoicing


17.7


 

- credit card vouchers, use of


16.6.1


 

- errors on


19.10


 

- information required on


16.3


 

- pro-forma


17.3


 

- self-billing and authenticated receipts


17.4


 

- transmission by fax


17.8.1


 

- transmission by e-mail


17.8.2


 

- zero-rated and exempt supplies


16.5


 

VAT law


2.4


701/39


VAT publications


 

999


VAT return


   

- general


Sections 20 and 21


 

- completion of


20.4


700/12


- errors on previous


19.11


700/45


- estimated figures on


21.2.3


 

- methods of payment


21.3


 

Visiting forces


8.15


48


Visits by Customs and Excise officers


2.2


989


Voluntary disclosure


19.11


700/45


Voucher schemes (self-liquidators)


 

700/7


W


   

Warehousing


5.3


179, 197, 232, 702/9


Water


 

701/16


- general


 

701/16


- first time mains connection


 

708


Welfare


 

701/1


Y


   

Youth clubs


 

701/35


Youth Training


 

701/30


Z


   

Zero-rated supplies


3.5, Section 29


 

Do you have any comments?

We would be pleased to receive any comments or suggestions you may have about this notice. Please write to:

HM Customs and Excise
Business Services and Taxes
Customer Focus Team
New King’s Beam House
22 Upper Ground
LONDON
SE1 9PJ

If you have a complaint or suggestion

If you have a complaint please try to resolve it on the spot with our officer. If you are unable to do so, or have a suggestion about how we can improve our service, you should contact one of our Regional Complaints Units. You will find the telephone number under ‘Customs and Excise - complaints and suggestions’ in your local telephone book. Ask for a copy of our code of practice ‘Complaints and putting things right’ (Notice 1000). You will find further information on our website at http://www.hmce.gov.uk.

If we are unable to resolve your complaint to your satisfaction you can ask the Adjudicator to look into it. The Adjudicator, whose services are free, is a fair and unbiased referee whose recommendations are independent of Customs and Excise.

You can contact the Adjudicator at:

The Adjudicator's Office
Haymarket House
28 Haymarket
LONDON
SW1Y 4SP

Phone: (020) 7930 2292
Fax: (020) 7930 2298

E-mail: adjudicators@gtnet.gov.uk
Internet: http://www.adjudicatorsoffice.gov.uk/

Update 2 issued February 2004

This leaflet amends certain paragraphs in Notice 700 April 2002 edition with new or revised information on a number of VAT questions including updates resulting from implementation of EC VAT Invoicing Directive.

It also updates the information given in Amendment 1 (May 2002) to the April 2002 edition regarding VAT on road tolls.

2 Administration of VAT

2.3 Tax avoidance

Delete first two sentences from “Tax avoidance is ------” up to “----------- tax simplification measures” and replace with “Tax avoidance is the use of contrived arrangements or structures to achieve a tax advantage - an increase in tax recovery, a reduction in the tax due or a tax deferral - contrary to the purpose and spirit of the legislation. Tax avoidance puts at risk Government revenues. It can also give a business an unfair advantage over others and threaten tax simplification measures.”

8 Output tax: particular situations

8.3 Delivery charges (postage and packing etc)

Paragraph 2, after the second boxed text. Delete “Your supply of delivery services is standard-rated if the goods are sent to an address in the UK and zero-rated if they are sent elsewhere" and replace with "If you supply delivery services see Notice 744B Freight transport and associated services."

8.9.3 Gifts on which VAT is not due

Delete paragraph 1 and the two bullet points following it from “VAT is not due on ----” up to “ a -------- your employees.” and replace with:

VAT is not due on:

  • any business gifts made to the same person in any 12-month period, where the total cost does not exceed £50;
  • a free meal to one of your employees.

9 Output tax: business and non-business use

9.2 Use of goods or services in your business

Paragraph 2. Delete first bullet point “are partly exempt (see paragraph 13.1) and ------------------- produced (see Notice 706/1 Self-supply of stationary);”

10 Input tax: introduction and general rules

Insert new Section 10.6A as follows:

10.6A Repayment of input tax if you do not pay your supplier

For supplies received on or after 1 January 2003 you are required to repay any input tax you have reclaimed if you have not paid your supplier within six months of:

(a) the date of supply (usually taken as the invoice date), or if later

(b) the due date for payment.

Notice 700/18 Relief from VAT on Bad Debts contains more detailed information on this.

12 Input tax: subsistence, staff entertainment and domestic accommodation expenses

After Chapter 12 and its sections, insert new Chapter 12A as follows:

12A Input tax: mobile phones provided to employees

12A. 1 VAT on the purchase and connection of a Mobile Phone

Where a business provides its employees with mobile phones for business use then, regardless of whether it allows private use, it can treat as input tax all the VAT it incurs on purchasing a phone and on standing charges for keeping it connected to the network providing the charges do not contain any element for calls.

12A.2 VAT on Mobile Phone Call Charges

12A.2.1 Business only

If a business does not allow its employees to make private calls, all of the VAT incurred on the call charges is input tax. Customs will accept this is the case where a business has imposed clear rules prohibiting private use and enforces them. However we realise that in practice businesses with such a policy often tolerate a small amount of private calls. We are prepared to treat such minimal use as being insignificant for VAT purposes and it will not prevent a business treating all the tax it incurs on calls as input tax.

12A.2.2 Charges for private calls

If a business charges its employees for any private calls they make, then it may treat the VAT incurred on the calls as input tax, but must account for output tax on the amounts it charges.

12A.2.3 Free private calls

If a business allows its employees to make private calls without charge, then it must apportion the VAT incurred on the call charges. It is not appropriate for businesses to adopt an alternative treatment of accounting for output tax on the private use.

12A.2.4 Apportioning calls

Businesses can choose any apportionment method that suits their individual circumstances providing the method chosen produces a fair and reasonable result. For example businesses could analyse a sample of bills taken over a reasonable period of time and use the same ratio for future VAT recovery on mobile phone bills.

12A.3 Fixed monthly charges

Where the phone package allows the business to make a certain quantity of calls for a fixed monthly payment and there is no separate standing charge, then it must apportion the VAT on the total charge for the package. Similarly, where the contract is for the purchase of the phone and the advance purchase of a set amount of call time for a single charge, the apportionment will also apply to the whole charge.

16 VAT invoices: general rules

Delete the whole Section 16.2.2 “Exceptions” and replace with:

16.2.2 Exceptions

You must issue a VAT invoice to a registered person unless:

  • your customer operates self-billing arrangements (see Notice 700/62 Self-Billing) or you issue authenticated receipts (see paragraph 17.4); or
  • you make a gift of goods on which VAT is due (see Notice 700/7 Business promotion schemes).

You must not issue VAT invoices for:

  • any goods sold under one of the VAT second-hand schemes (see paragraph 8.5). You will find details of the special invoices you have to use in Notice 718 Margin Schemes for second-hand goods, works of art, antiques and collectors’ items; or supplies that fall within the tour operators’ margin scheme.

Insert new Section 16.2.4 as follows:

16.2.4 Must my invoice be written in English?

No. You may, if you wish, write your invoices in a language other than English. But you must be able to provide English translations of specific invoices within 30 days if asked to do so by a visiting officer. These rules apply to both electronic and paper invoices.

16.3.1 General

Paragraph 1. After “VAT invoices must show:” delete sixth bullet point.

Also delete seventh bullet point and replace with:

  • a description which identifies the goods or services supplied; and
  • the unit price (see paragraph 16.3.2).

Paragraph 2. Insert ‘the’ after “For each description, you must show:” (i.e. before the colon). Delete ‘the’ at the start of each bullet point.

Insert ‘and’ after fifth bullet point. Delete sixth bullet point.

Delete the whole Section 16.3.2 “Type of supply” and replace with:

16.3.2 Unit price

The requirement to include unit price on an invoice applies to countable goods or services. For services the countable element might be, for example,

  • an hourly rate;
  • or a price for standard services.

If the supply cannot be broken down into countable elements, then the total tax exclusive price will be the unit price. Additionally, the ‘unit price’ may not need to be shown at all if it

  • is not normally provided in a particular business sector; and
  • is not required by the customer.

Insert new Section 16.3.3 as follows:

16.3.3 Example of a VAT Invoice

You will find an example of a simplified VAT invoice at paragraph 16.7 and in Notice 700/21 Keeping records and accounts.

Delete the whole Section 16.4 “Invoicing in a foreign currency” and replace with:

16.4 Invoicing in a foreign currency

If you issue VAT invoices in a foreign currency for supplies of goods or services that take place in the UK, you must convert the total amount of VAT payable into sterling (see paragraphs 16.3.1 and 16.6.2). Paragraph 7.7 tells you how to do this.

16.6.1 Less detailed VAT invoice

Delete both instances of ‘£100’ in the boxed text (i.e. “is £100 or less” and “exceeds £100 and ------ invoice”) and replace with ‘£250’.

Second row on the “Then you ----” side of the table. Delete ‘shown in sterling’ at the end of fourth bullet point.

16.6.2 Modified VAT invoice

Paragraph 2, second bullet point. After ‘VAT payable on those supplies’ insert ‘shown in sterling;’

17 VAT invoices: particular situations and rules

VAT invoices for petrol and diesel oil (derv)

17.1 Delete both instances of ‘£100’ in boxed text (i.e. “£100 or less” and “more than £100”) and replace with ‘£250’.

17.4.1 Self-billing

Delete paragraph 2 including bullet points from “If you want a self -------------” up to “will not ------- transactions”. Replace with:

“If you want to use a self-billing system for supplies made to you, you must meet the conditions set out in Notice 700/62 Self-Billing.”

17.7 Computer invoicing

Delete paragraphs 3 “Before you do so -------” and 4 “Although you must -----“ and replace with:

“Before you do so, you will have to comply with certain conditions as set out in Notice 700/63 Electronic Invoicing.

If you do not use advanced electronic signature, or electronic data interchange (EDI) systems you may find it helpful to seek advice from our National Advice Service as soon as you decide to use computer invoicing.”

17.8.2 Transmission by e-mail

Delete the whole Section 17.8.2 “Transmission by email”

Insert new Section 17.9:

17.9 Using a third party to transmit invoices

You may, if you wish, ‘outsource’ the physical responsibility for the issuing of your sales invoices to a third party. But you must remember that all the legal obligations relating to the contents, storage and production of the invoices raised remain with you.

You can find out more about the conditions you will need to meet if you are using a third party to issue your invoices electronically at section 8 of Notice 700/63 Electronic Invoicing.

18 Credits and debts

18.2.2 Valid credit or debit notes

Insert new sentence at end of last paragraph as follows:

“If you issue invoices to persons in another Member State, credit or debit notes which amend those invoices must contain all the information required to be included on an invoice.”

18.2.4 Accounting for credit or debit notes you issue or receive

Paragraph 1. Delete “If you have to make an adjustment, you must adjust:” and replace with: “When you issue a credit note or receive a debit note, you must adjust:”

Paragraph 4. Delete last sentence “You must make it clear that it is a minus figure by writing it in brackets.” and replace with,

“You must make it clear that it is a minus figure by:

  • writing it in brackets if you use a paper return; or
  • inserting a minus sign ‘-’ before the figure if you use an electronic return. (See also paragraph 20.4.2)”

18.2.7 Self-billed debit notes

Delete the whole Section 18.2.7 “Self-billed debit notes.”

18.5 Can I claim relief from VAT on bad debts?

Paragraph 2. Bullet point 3. After “sent a notification to the purchaser” insert in brackets (this condition does not apply to supplies made on or after 1 January 2003).”

19 Records and accounts

Insert new Section 19.3A as follows:

19.3A Flat rate scheme

19.3A.1 What is the flat rate scheme?

The Flat Rate Scheme (FRS) offers small businesses an alternative to the normal transaction based method of VAT accounting. The aim is for small businesses to spend less time and money keeping VAT records and calculating the VAT payable to Customs.

When authorised to use the FRS you do not have to identify and record the VAT on your sales and purchases to calculate the VAT you owe to us. You record the VAT inclusive total of all your business supplies - including exempt supplies - and apply the flat rate percentage to it in each period. The result is the VAT you owe to us. Input tax is not normally claimed by businesses on the scheme, it is taken into account when the flat rates are calculated.

19.3A.2 Who can join the scheme?

The scheme is open to small businesses whose VAT exclusive annual taxable turnover does not exceed £150,000 and whose total VAT exclusive turnover (including the value of exempt and non-taxable income) does not exceed £187,500 a year.

19.3A.3 How is the flat rate calculated?

We calculate the flat rate percentage from the net tax paid by businesses. This is different for different trade sectors and so the flat rates vary. You can find further details about the flat rate scheme, including the table of flat rates and an application form, in Notice 733. There are special rates for businesses using FRS during their first year of VAT registration. They use a rate which is 1% below the usual rate because they generally claim back more VAT than businesses who have been registered longer for VAT.

19.3A.4 Advantages and disadvantages

Advantages:

  • no need to separate out gross, VAT and net in your accounts;
  • no more problems about what ‘input tax’ you can and cannot reclaim;
  • you always know how much of your takings will need to be paid in VAT;
  • less chance of mistakes, so fewer worries;
  • less work doing the books so you can get on with running your business; and
  • can be used in conjunction with the annual accounting scheme and has its own version of cash accounting and retail schemes.

Disadvantages:

  • you cannot claim input tax, so the business loses some cash flow in VAT on stock waiting to be sold;
  • the lesser detail of VAT records kept while using the scheme may make it more difficult to monitor whether the scheme is still a help to the business; and
  • the scheme cannot be used in conjunction with the tour operator’s margin scheme or the margin schemes for second-hand goods, works of art, antiques and collectors’ items.

You can find further details about the flat rate scheme including the table of flat rates and an application form in Notice 733.

19.5.1 General

Paragraph 3. Section (d), bullet point 1. After “goods you import by post – other ------------- of £2000 or less” insert in brackets “(see also paragraph 19.8.1 (b))” before ‘;and’.

19.6 Record of credits allowed to customers

Delete last two paragraphs after boxed text including the bullet points from, ‘When you make a tax…’ onwards. Replace with, “See also paragraph 18.2.4 for information on how to account for credit or debit notes you issue or receive.”

19.7.5 Other circumstances

Update to Amendment 1 (May 2003) of Notice 700. Under “This excludes tolls charged by the:” Insert “Clifton Suspension Bridge" after “Cleddau Bridge”.

19.8.1 General

Paragraph 3. Section (b), bullet point 1. After “goods imported by post - other ------------- of £2000 or less” insert in brackets “(see also paragraph 19.5.1 (d))” before ‘; or’.

19.14 Example of a VAT account

Example of a VAT account. Title of the example. Delete “1 January 2001 to 30 March 2001” and replace with “1 January 2003 to 31 March 2003”.

On the VAT payable – Output tax side of the table. Lines 9 and 10. Delete “Annual adjustment: Retail Scheme D” and replace with “Annual adjustment: Retail Scheme - Apportionment Scheme 1”.

20 VAT returns and payment of tax: introduction and completion of returns

Delete the whole Section 20.6 “Annual accounting scheme” and replace with:

20.6 Annual accounting scheme

20.6.1 Eligibility

This scheme allows eligible businesses to submit one VAT return a year instead of the usual four. You will have to make interim payments by electronic means based on your actual or estimated annual VAT liability.

The scheme is open to small businesses who:

  • have been VAT registered for less than 1 year and don’t expect the VAT exclusive turnover in the next year to be more than £150,000; or
  • have been VAT registered for more than one year and don’t expect the VAT exclusive turnover in the next year to be more than £600,000.

20.6.2 Interim payments

If you have been registered for 12 months or more you will make 9 interim payments of 10% of your previous year’s VAT liability.

If you have been registered for less than 12 months you will make 9 interim payments of 10% of your expected VAT liability.

Payments start at the end of month 4 of your annual accounting year and the ninth payment is paid at the end of month 12. You then have 2 months to send in your return and balancing payment. We then calculate payments for the next year, which will start again at the end of month 4.

20.6.3 Advantages of the scheme

The advantages of the scheme are:

  • an eligible business can choose an annual accounting year that best suits its business needs;
  • your annual VAT return and balancing payment will be due 2 months after the end of the annual accounting period;
  • you will be able to manage your cash flow with more certainty by paying a set amount each month;
  • we will notify you how and when to make your payments;
  • you can choose which electronic method to make your interim payments by - BACS, CHAPS, bank giro, direct debit or standing order.

20.6.4 Points to consider

You will also need to consider the following:

  • repayment traders will not have to make interim payments but will not get a repayment until the annual return is sent in;
  • you must continue to keep your business records on a regular basis, do not try and write them all up at the end of the year.

Further details about the scheme, including the application form for joining, are in Notice 732.

26 Changes in circumstances

26.1 Introduction to changes in circumstances

Delete paragraph 4 “If you wish --------- listed in paragraphs 26.2 and 26.3.”

26.3 What changes require amendment of registration?

Paragraph 2, after the second bullet point “giving the date -------- took place. Insert a new paragraph as follows “You may render yourself liable to civil penalty if you fail to notify any of the above changes within the prescribed time limit. See Notice 700/1 Should I be registered for VAT? for further details.

26.14 Example of Form VAT 902

Delete the whole Section 26.14 “Example of Form VAT 902”.

35 Index

Index F

Insert “Flat rate scheme” after ”Fishing rights”. Same subject, on the ‘References in this notice’ side of the table, insert 19.3A. Same subject, on the ‘References in other publications’ side of the table, insert 733.

Index H

Subject: ‘Handicapped people’. Delete “ - see Disabled”. Same subject, on the ‘References in other publications’ side of the table, insert ‘371, 701/6, 701/7, and 744A’.

Index I

Index I. Subject: ‘Input tax’. Insert “- mobile phones provided to employees” after “- goods dwellings and residential buildings”. Same subject, on the ‘References in this notice’ side of the table, insert ‘12A’.

Index M

Insert “Mobile phones provided to employees” after “Mobile homes – see Caravans”. Same subject, on the ‘References in this notice’ side of the table, insert ‘12A’.

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$START-DATA$ title=The VAT Guide Sections 31-35^ summary=Sections 31-35 discuss the VAT Act 1994, the apportionment of output tax and the standard legal abbreviations. Update 2 (Feb 2004) is included at the end of this notice.^ doctype=PublicNotice^ date=03-Nov-2007^ author=er127186^ $END-DATA$
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