1. Overview

You usually submit a VAT Return to HM Revenue and Customs (HMRC) every 3 months. This period of time is known as your ‘accounting period.’
The VAT Return records things for the accounting period like:

your total sales and purchases
the amount of VAT you owe
the amount of VAT you can reclaim
what your VAT refund from HMRC is

You must submit a VAT Return even if you have no VAT to pay or reclaim.

Get email reminders

Sign up to get a reminder when your VAT Return is due.
Log in to your online account to add your email address by following the link next to ‘VAT messages’.

Final VAT Returns

You have to submit a final VAT Return when you cancel your VAT registration. You can usually do this online using your VAT online account.
HMRC will send you a paper version to complete if your registration is cancelled because you’re insolvent.

2. Fill in your return

Complete and send your VAT Return online.
If you need help there’s guidance on:

what to put in each box
filling in your return if you’re on the Flat Rate Scheme

You must include EU sales on your VAT return and complete an EC Sales List.

Working out what you can claim

If your business is a charity, you pay VAT at a reduced rate on some goods and services.

VAT-registered businesses can usually reclaim the VAT they’ve paid on business purchases and expenses. The claim must be for a business activity (you have to work out the business element if it also had a personal use).
You must keep records to support your claim and show the VAT was paid.

Exceptions

You can’t reclaim the VAT on:

entertainment expenses
purchases if you use the VAT Flat Rate Scheme (except some capital assets worth more than £2,000)

There are special rules for working out how to reclaim VAT for:

cars, eg buying, repairing, fuel costs
staff travel expenses, eg accommodation and transport expenses
businesses that are partly exempt from VAT

Estimated figures

Ask HM Revenue and Customs (HMRC) for permission to use estimated figures. You’ll need a good reason why you can’t give accurate figures on your VAT Return.
If you’re allowed, you won’t be charged a penalty unless you miss the deadline or make a careless or deliberate error. You’ll normally have to give the correct figures in your next VAT Return.

Bad debts

You can reclaim the VAT you’ve paid HMRC but not received from a customer if it’s a ‘bad debt’ (one you’ve written off). To qualify for the relief:

the debt must be between 6 months old and 4 years and 6 months old
you mustn’t have sold the debt on
you mustn’t have charged more than the normal price for the item

You should reclaim them via your VAT Return (add them to your Box 4 figure) and keep records about the debt.
If the debt is paid, you must pay the relief back via your VAT Return by adding the amount to your ‘Box 1’ figure.

3. How to submit your return

You must submit your return online unless:

your business is subject to an insolvency procedure - if you have a Company Voluntary Arrangement or an Individual Voluntary Arrangement you can submit your return online if you want to
you object to using computers on religious grounds
you can’t because of your age, a disability or because of where you live, eg you don’t have internet access

Contact HM Revenue and Customs HMRC to find out how to submit your return, eg paper filing, if you can’t submit online.

You can get help with your VAT return or if you don’t understand something about your tax.

Submit your VAT return online

You need a VAT number and a VAT online account. You can then submit your VAT Return using HMRC’s free online service or commercial accounting software.

Getting online

If you need:

a VAT number and online account - register for VAT
an online account - sign up for an online account and select ‘VAT submit returns’
a VAT number - log in to your online account and apply for a VAT number

HMRC’s free online service

Using accounting software

Most accounting software lets you submit your VAT Return to HMRC directly. This means you won’t have to enter your figures separately in HMRC’s online service.
HMRC has a list of software you can use to submit your VAT Return.

Keep any reference number you receive as proof you’ve sent your return.

Using accountants or agents

You’ll need to authorise them before they can submit your VAT Return. You can do this through your VAT online account.

Find an accountant or a solicitor to help you with your VAT return or tax.

Help with online services

Contact the VAT Online Services Helpdesk if you need any help using VAT online services.

4. Deadlines

Check your VAT Return and payment deadlines in your VAT online account.
Your VAT online account tells you:

when your VAT Returns are due
when the payment must clear HM Revenue and Customs’ (HMRC) account

The deadline for submitting the return online and paying HMRC are usually the same - 1 calendar month and 7 days after the end of an accounting period. You need to allow time for the payment to reach HMRC’s account.

Exceptions

The deadlines are different if, for example, you use the VAT Annual Accounting Scheme.

Pay your VAT bill

You must pay VAT to HMRC electronically, eg through direct debit or internet banking. Most businesses aren’t allowed to pay by cheque.
Contact HMRC if you can’t pay your VAT bill.

5. Surcharges and penalties

HM Revenue and Customs (HMRC) record a ‘default’ if:

they don’t receive your VAT return by the deadline
full payment for the VAT due on your return hasn’t reached their account by the deadline

Surcharges

You may enter a 12-month ‘surcharge period’ if you default. If you default again during this time:

the surcharge period is extended for a further 12 months
you may have to pay an extra amount (a ‘surcharge’) on top of the VAT you owe

HM Revenue and Customs (HMRC) will write to you explaining any surcharges you owe and what happens if you default again.

How much you pay

Your surcharge is a percentage of the VAT outstanding on the due date for the accounting period that is in default. The surcharge rate increases every time you default again in a surcharge period.
This table shows how much you’ll be charged if you default within a surcharge period.

You don’t pay a surcharge for your first default.

Defaults within 12 months	Surcharge if annual turnover is less than £150,000	Surcharge if annual turnover is £150,000 or more
2nd	No surcharge	2% (no surcharge if this is less than £400)
3rd	2% (no surcharge if this is less than £400)	5% (no surcharge if this is less than £400)
4th	5% (no surcharge if this is less than £400)	10% or £30 (whichever is more)
5th	10% or £30 (whichever is more)	15% or £30 (whichever is more)
6 or more	15% or £30 (whichever is more)	15% or £30 (whichever is more)

Exceptions

There’s no surcharge if you submit a late VAT Return and:

pay your VAT in full by the due date
have no tax to pay
are due a VAT repayment

Penalties

HMRC can charge you a penalty of up to:

100% of any tax under-stated or over-claimed if you send a return that contains a careless or deliberate inaccuracy
30% of an assessment if HMRC sends you one that’s too low and you don’t tell them it’s wrong within 30 days
£400 if you submit a paper VAT Return, unless HMRC has told you you’re exempt from submitting your return online

6. Assessments

If you don’t send your VAT Return and pay any VAT due on time, you will get a ‘VAT notice of assessment of tax’ from HM Revenue and Customs (HMRC), telling you how much VAT they think you owe.

What you need to do

Send your VAT Return and any payment due immediately.
If the assessed amount of VAT is too low you must tell HMRC within 30 days. Do this by sending a correct VAT Return and VAT payment or contacting them. You may be charged a penalty if you don’t.
If the assessment is too high, you can’t appeal it. You must send a correct VAT Return and VAT payment.

Contact HMRC if you can’t pay your tax bill and contact the VAT helpline if you can’t send the return.

7. Interest on underpaid or overpaid VAT

HM Revenue and Customs (HMRC) may charge you interest if you don’t report and pay the right amount of VAT. If you pay too much VAT because HMRC make a mistake, you can claim interest.

When interest is charged

Interest may be charged if you:

report less VAT than you charge, or reclaim more than you pay
pay an assessment that HMRC later find was too low
let HMRC know you owe them VAT because of a mistake on your VAT Return

How much interest is charged

You’ll be charged 2.75% interest.
There’s a different interest rate for tax that was underpaid before 6 September 2016.
Use your VAT online account to check the amount you owe.
HMRC will also send you a notice telling you how much you owe and how it’s worked out.
If you don’t pay within 30 days, further interest is charged on the VAT due from the date of the notice. You’ll be charged interest for as long as you don’t pay, up to a maximum of 2 years.

You can’t deduct the interest HMRC charges you when working out your taxable profits.

Claiming interest

You may be able to claim interest if HMRC’s mistake means:

you pay too much VAT
you reclaim too little VAT
a payment to you from HMRC was delayed

Normally HMRC won’t repay interest if you’ve paid too much VAT because of a mistake you made.

How much interest can you claim

You can claim 0.5% interest. This is normally paid for the whole period from when the VAT was overpaid or reclaimed until the date repayment is authorised.
There’s a different interest rate for tax that was overpaid before 29 September 2009.
If you caused a delay to any payments (eg by not claiming straight away) HMRC might leave this time out.
You have to claim the interest separately from the repayment itself.
Write to HMRC with details of the repayment, explaining why you’re owed interest. You must do this within 4 years of the repayment’s authorisation date. Use the postal address on the VAT correspondence you have from HMRC.
Any interest you get from HMRC counts as taxable income.

Paying interest to your customers

You must pay any of the interest you get (as well as the VAT) to your customers if HMRC’s mistake means they paid too much VAT.
Contact the person at HMRC who dealt with your claim if you need to find out how the interest was calculated. This can help you work out how much you need to repay each customer. You must give the money back to HMRC within 14 days if you can’t get in touch with a customer to repay them.

Interest rates

HMRC only charge or pay simple interest (interest on the original amount, not interest on interest).

Challenging an HMRC decision

You can’t appeal the decision to charge you interest but you can challenge the actual amount.

Abell Morliss International

Thursday, 1 December 2016

File your Value Added Tax (VAT) in 7 Easy Steps

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