VAT Flat Rate Scheme exclusions

The VAT Flat Rate scheme has been designed to simplify the way a business accounts for VAT and in so doing reduce the administration costs of complying with VAT legislation. Using the Flat Rate scheme, businesses pay VAT as a fixed percentage of their VAT inclusive turnover. The actual percentage used depends on the type of business.

The scheme is open to businesses that expect their annual taxable turnover in the next 12 months to be no more than £150,000, excluding VAT.

However, there are a number of anti-avoidance exclusions highlighted in HMRC’s internal manuals.

The exclusions are as follows:

  • Businesses that are eligible for group treatment, or are registered for VAT as a divisional registration, at the time of application – or have been in the preceding 24 months – are excluded. This is designed to reduce the threat of exploitation by larger companies.
  • Businesses that acquire or intend to acquire capital items that are covered by the capital goods scheme are excluded. Analysis showed that the treatment of FRS businesses as fully taxable presented the potential for abuse by exempt companies and this exclusion is to prevent such avoidance schemes from developing.
  • Businesses that are associated – or have been in the preceding 24 months – are excluded. This is a catch-all provision to prevent avoidance and abuse.

In addition, a limited cost trader test was introduced in April 2017. If a business meets the definition of a limited cost trader, then this would usually mean it may be more beneficial to leave the scheme and account for VAT using traditional VAT accounting.

Source:HM Revenue & Customs| 24-01-2022

Are you registered for Making Tax Digital for VAT?

Making Tax Digital (MTD) for VAT is to be extended to cover businesses with a turnover below the VAT threshold from April 2022. The MTD for VAT regime started in April 2019 when businesses with a turnover above the VAT threshold of £85,000 became mandated to keep their records digitally and provide their VAT return information to HMRC using MTD compatible software.

The extension of MTD from April 2022 will apply to all VAT registered businesses with turnover below the VAT threshold of £85,000. This change was first announced in July 2020 and about a third of businesses mandated to sign-up from April 2022 have already voluntarily chosen to use MTD.

If you are affected and have not yet signed up, we would urge you to start the process as soon as possible.

To sign up to MTD for VAT, businesses, or their agent need to:

  1. Visit GOV.UK and choose Making Tax Digital-compatible software. For many businesses, the software they are using should already be compatible with MTD.
  2. Keep digital records starting from 1 April 2022 or the beginning of their VAT period
  3. Sign up and submit their VAT Return through Making Tax Digital

A small number of VAT-registered businesses may be eligible for an exemption from MTD, if it is not reasonable or practicable for them to use digital tools for their tax. If a business has previously been granted an exemption for VAT online filing, this will carry over to MTD VAT requirements.

Source:HM Revenue & Customs| 10-01-2022