The standard rate of VAT increases from 17.5 per cent to 20 per cent on 4 January 2011. Sales that are zero-rated, reduced-rated or exempt are unaffected. If you currently calculate VAT on your sales using the VAT fraction of 7/47, you must use the new VAT fraction of 1/6 from 4 January 2011. If you use the VAT flat rate scheme new rates will apply from 4 January 2011.
For retail businesses making mainly cash sales to non-registered customers, apply the new rate for all takings received on or after 4 January 2011 except where the customer pays for items taken/delivered to them before 4 January 2011 in which case the old rate of 17.5% still applies.
For businesses selling mainly to other VAT-registered businesses and issuing invoices, the new 20% rate applies to all invoices issued on or after 4 January 2011 EXCEPT:
- Where goods or services are provided before 4 January 2011 and more than 14 days before the VAT invoice is issued, e.g. if a VAT invoice is issued on 4 January 2011 for goods or services provided before 22 December 2010, OR
- Payment is received before 4 January 2011
In these cases, the sale took place before 4 January 2011 and businesses should use the old rate of 17.5 per cent.
For sales spanning the rate change, If goods have been provided (or services completed) before 4 January 2011 businesses can choose to account for VAT at the old rate of 17.5 per cent.
For continuous supplies of services, such as ongoing professional or construction services, businesses should account for the VAT due whenever a VAT invoice is issued or payment received, whichever is the earlier. In these cases, invoices issued or payments received on or after 4 January 2011 will be subject to 20 per cent VAT.
For services started on a job before 4 January 2011 but finished afterwards businesses may account for the work done up to the end of 3 January 2011 at 17.5 per cent and the remainder at 20 per cent. If you choose to do this you will need to demonstrate that the apportionment is fair.
Businesses should claim back the VAT charged by their supplier in their usual way. If an invoice for a business purchase is received which is dated on or after 4 January 2011 which shows 17.5 per cent VAT for purchases made before the rate change, a claim back for the 17.5 per cent VAT should be made, subject to the normal rules. Businesses cannot increase the VAT claim to 20 per cent.
The fuel scale charges for VAT registered businesses that reclaim VAT on road fuel to reflect the private use of business vehicles are amended with effect from 4 January 2011 to take account of the new 20 per cent rate. If your VAT return period spans 4 January 2011, you will need to apportion VAT payable on the scale charges accordingly. The HMRC website details the new VAT fuel scale charges rates in appendix C.
What do businesses need to do now?
- Ensure you know how to change the standard VAT rate on your software package or electronic till. If you can’t do this yourself contact your software or electronic till provider or supplier for assistance. Most software packages should have the in-built capability to deal with changes in the rate.
- Make sure your systems identify correctly sales before and after the change.
- On cash accounting? You will need to be able to identify payments received on or after 4 January 2011 that relate to supplies made before that date. VAT at the rate of 17.5 per cent will be due on these payments.
If your software package or till has not been amended to calculate VAT at 20 per cent (rather than 17.5 per cent) by 4 January 2011 you will need to calculate the VAT manually. You simply take the standard-rated gross takings calculated by your software package or till and multiply that sum by the new VAT fraction of 1/6 – this will give you the amount of VAT at 20 per cent.
It is important that businesses follow the special rules for sales that span the change in rate. Legislation has been introduced to prevent avoidance (forestalling) where arrangements are made to account for VAT at 17.5 per cent in advance of 4 January 2011 in respect of goods or services to be provided afterwards.
The filing and payment deadlines remain the same. HMRC have said that they will adopt a ‘light touch’ in relation to errors or mistakes made in the first VAT return after the change. Any errors or mistakes should be corrected in the normal way by making a voluntary disclosure or correcting it on the next return (subject to the normal limit).
Further detailed guidance can be obtained from the HMRC website regarding the VAT standard rate change.
Please contact us at Edwin Smith if you have any queries.