Should Your Limited Company Buy a New or Second-Hand Electric Car?

New or Second-Hand Electric Car Through Your Limited Company?

New vs Used EV Tax Explained – Capital Allowances, BIK, VAT, Grants and Mileage for 2026/27

By Steve Bicknell FCMA, CGMA

You have found two electric cars.

One is brand new.

The other is two or three years old.

The second-hand car may be thousands of pounds cheaper — but the new car could potentially qualify for 100% First-Year Capital Allowances.

So which is actually better?

For a limited company in 2026/27, the answer is more complicated than simply comparing the purchase prices.

You need to consider:

  • 100% capital allowances on qualifying new EVs;
  • 14% writing-down allowances on second-hand EVs;
  • the 4% electric company-car Benefit in Kind rate;
  • the original list price of a second-hand car;
  • Corporation Tax;
  • VAT;
  • government EV grants;
  • charging costs;
  • business mileage;
  • depreciation;
  • Vehicle Excise Duty;
  • finance;
  • and what happens when you eventually sell the car.

And there is a third option which shouldn’t be overlooked:

BUY THE EV PERSONALLY AND CLAIM 55P PER BUSINESS MILE.

Let’s compare them.


Quick Answer – New EV, Used EV or Personal Ownership?

New EV – CompanyUsed EV – CompanyPersonally Owned EV
Company funds purchaseYesYesNo
100% zero-emission FYAPotentially yesNoNo company CA
Capital allowancesPotentially 100%Normally 14% WDA
2026/27 EV BIK4%4%None
BIK based broadly on original list priceYesYes
Electric Car GrantPotentiallyNoPotentially on eligible new EV
AMAP – first 10,000 business milesNoNo55p
Company owns carYesYesNo
VAT on purchase with private availabilityUsually blockedUsually blocked
Initial depreciationPotentially highOften substantially absorbed alreadyPersonal cost

The biggest tax difference between buying a new and second-hand EV through your company is generally the timing of the:

CAPITAL ALLOWANCES.


Why Are New Electric Cars So Tax-Efficient?

A qualifying new and unused zero-emission car can currently qualify for a:

100% FIRST-YEAR ALLOWANCE

That potentially allows the company to deduct the entire qualifying cost from taxable profits in the relevant accounting period.

For Corporation Tax purposes, the current relief runs until:

31 MARCH 2027

and for Income Tax purposes until:

5 APRIL 2027.

This relief is particularly valuable because cars are excluded from:

  • Annual Investment Allowance;
  • Full Expensing;
  • and the general 40% First-Year Allowance.

A qualifying new zero-emission car has its own specific 100% FYA.


Example – £50,000 New Electric Car

Suppose Consultancy 4 Business Ltd buys a qualifying brand-new zero-emission car for:

£50,000

Potential First-Year Allowance:

£50,000 × 100% = £50,000

If the company obtains tax relief at 25%, the simple illustrative Corporation Tax reduction is:

£50,000 × 25% = £12,500

POTENTIAL CT SAVING: £12,500

That is an extremely valuable timing advantage.

But it does not mean a £50,000 EV really costs £37,500.

The company has still spent £50,000 and needs to consider depreciation, finance, running costs, BIK and eventual disposal.

The actual Corporation Tax benefit also depends on the company’s taxable profits and applicable Corporation Tax rate.


What Counts as New and Unused?

Don’t assume that:

“new to me”

means:

“new and unused”

for capital allowance purposes.

The conditions need to be checked.

Limited mileage arising from matters such as delivery, testing, customer test drives or demonstrator use does not necessarily mean a vehicle is second-hand.

Similarly, pre-registration does not automatically prevent qualification.

So if you’re considering a:

PRE-REGISTERED EV

or:

DEMONSTRATOR

it is worth checking the facts before assuming the 100% allowance has been lost.


What About a Second-Hand Electric Car?

A second-hand EV does not qualify for the special 100% zero-emission car FYA.

Instead, a zero-emission car will generally fall within the:

MAIN-RATE CAPITAL ALLOWANCE POOL.

The main writing-down allowance rate reduced from 18% to:

14%

from 1 April 2026 for Corporation Tax and 6 April 2026 for Income Tax.

Accounting periods spanning the change can have a hybrid rate.


Example – £50,000 Second-Hand EV

Suppose Consultancy 4 Business Ltd instead pays:

£50,000

for a second-hand zero-emission car.

Using a simple full-year 14% illustration:

£50,000 × 14% = £7,000

At an illustrative 25% Corporation Tax rate:

£7,000 × 25% = £1,750

Compare that with our qualifying new car:

New EVUsed EV
Purchase price£50,000£50,000
Illustrative first-year CA£50,000£7,000
Illustrative CT reduction @25%£12,500£1,750
Difference in first-year CT relief£10,750

That is a very substantial difference.

But it is primarily a difference in the timing of tax relief.

The second-hand EV hasn’t necessarily lost all the remaining capital allowances — they are generally obtained more slowly.


But the Used EV Could Be £20,000 Cheaper

This is where tax relief can distract from the real commercial decision.

Suppose the choice is:

Brand-new EV

£50,000

versus:

Three-year-old equivalent

£30,000

The new EV may potentially produce a £50,000 FYA.

The £30,000 used EV would have an illustrative first-year 14% WDA of:

£30,000 × 14% = £4,200

At 25% CT, that’s an illustrative first-year tax reduction of:

£1,050

But the used car required:

£20,000 LESS CASH

to buy.

That’s considerably more than the difference in our illustrative first-year Corporation Tax savings.

So remember:

DON’T SPEND £1 SIMPLY TO SAVE 25P OF TAX.

Tax is only part of the calculation.


Are There Still Government Grants for Electric Cars?

YES.

The Government’s Electric Car Grant currently gives discounts on qualifying new zero-emission cars.

There are two grant bands:

Band 1

UP TO £3,750

Band 2

UP TO £1,500

You don’t normally claim the grant yourself.

The seller applies the grant as a discount to the purchase price.

But not every electric car qualifies.

The scheme applies to approved vehicles satisfying conditions including zero tailpipe emissions, minimum range, warranties, sustainability requirements and price limits.

The main Electric Car Grant price cap is currently £37,000 RRP, although particular rules can allow certain variants in the same interpolation family up to £42,000.

That means our hypothetical £50,000 new EV would not ordinarily qualify for the standard Electric Car Grant.

This is important — don’t add £3,750 to the tax saving on a £50,000 car unless the particular vehicle actually qualifies.

The list of eligible vehicles changes, so check the current Government list before ordering.


New EV – Potential Double Advantage

For an eligible qualifying new EV, there could therefore be:

ELECTRIC CAR GRANT

plus:

100% FIRST-YEAR ALLOWANCE

plus the low:

4% EV BIK RATE.

That can significantly narrow the economic difference between a new and nearly-new EV.


Benefit in Kind – New and Used EVs Get the Same Percentage

The low Benefit in Kind rate remains one of the biggest attractions of putting an EV through a limited company.

For a zero-emission company car, the appropriate percentage is:

2026/27

4%

2027/28

5%

2028/29

7%

2029/30

9%

So a second-hand EV doesn’t suffer a higher percentage simply because it is used.

But there is a trap.


BIK Uses List Price – Not What You Paid Second-Hand

Suppose your company buys a three-year-old EV for:

£30,000

but its relevant original list price was:

£50,000.

The company-car BIK is broadly based on the relevant list price and taxable accessories — not the £30,000 your company paid.

At 4%:

£50,000 × 4% = £2,000 taxable benefit

So the BIK could broadly be the same as on a brand-new £50,000 EV.

THE USED PRICE FALLS.

THE BIK LIST PRICE DOESN’T FALL WITH IT.

This is an important consideration when looking at heavily depreciated premium EVs.


What Does a £2,000 EV Benefit Actually Cost?

For a £50,000 relevant list price and a 4% BIK percentage:

TAXABLE BENEFIT = £2,000

Illustratively, the employee/director’s Income Tax could be:

Tax rateIllustrative tax
20%£400
40%£800
45%£900

The company will also normally pay Class 1A National Insurance.

Even after allowing for that, the BIK can remain dramatically lower than on many petrol or diesel company cars.


New £50,000 vs Used £30,000 – The Interesting Comparison

New EVUsed EV
Company purchase price£50,000£30,000
Original list price£50,000£50,000
2026/27 BIK rate4%4%
Illustrative taxable benefit£2,000£2,000
Potential first-year CA£50,000£4,200*
Illustrative CT reduction @25%£12,500£1,050*
Cash purchase difference£20,000 cheaper

*Simple 14% full-year illustration.

Now the decision is much less obvious.

The new car wins on immediate tax relief.

The used car wins on purchase price.

And both have the same illustrative BIK because they originally had the same list price.


Depreciation May Matter More Than Tax

This is probably the most important commercial point in this article.

Imagine a new EV costs:

£50,000

and is worth:

£25,000

three years later.

That’s a:

£25,000 LOSS IN VALUE.

Receiving accelerated Corporation Tax relief doesn’t eliminate that economic loss.

A two or three-year-old EV may allow you to buy after somebody else has absorbed much of the initial depreciation.

So the real comparison is closer to:

PURCHASE PRICE

minus:

EXPECTED RESALE VALUE

plus:

FINANCE AND RUNNING COSTS

plus:

PERSONAL BIK TAX

minus:

COMPANY TAX RELIEF.


What Happens When the Company Eventually Sells the EV?

Don’t look at the 100% FYA in isolation.

Capital allowance disposal rules apply when the company eventually sells the vehicle.

So claiming £50,000 upfront doesn’t mean the proceeds received when the car is sold are ignored.

A proper whole-life calculation should therefore consider:

PURCHASE + OWNERSHIP + DISPOSAL.


What About VAT When Buying an Electric Car?

This is one of the most misunderstood EV tax rules.

ELECTRIC DOES NOT MEAN VAT-FREE.

An electric car is still a car for VAT purposes.

VAT on buying a car is generally blocked where the vehicle is available for private use.

Full VAT recovery is normally only possible where the relevant conditions are satisfied — for example, where the car is not available for private use or is acquired for certain qualifying activities.

So if a director buys an electric car through the company and uses it both privately and for business:

DO NOT ASSUME THE COMPANY CAN RECLAIM THE PURCHASE VAT.


What About VAT on Leasing an EV?

Leasing is different.

Where a VAT-registered business leases a car that has private use, it can normally recover:

50% OF THE VAT ON THE LEASE RENTAL

subject to the normal rules.

VAT on separately charged maintenance can potentially have different treatment.

This is one reason why a proper comparison between:

  • cash purchase;
  • HP;
  • PCP;
  • and lease

is worthwhile before signing the agreement.


What About VAT on Charging an Electric Car?

This is another area where the rules differ from petrol and diesel.

HMRC says VAT incurred by a business on charging an EV can be recovered to the extent it relates to business use where charging takes place:

  • at the workplace; or
  • at a public charging point,

subject to the normal VAT rules.

Mileage records should be maintained to identify business and private use where necessary.

But home charging by an employee is different.

Where an employee charges an EV at home, HMRC’s published position is that the electricity is supplied to the employee, not the employer.

The employer therefore cannot currently recover VAT on that home electricity under HMRC’s published guidance.


Does the VAT Fuel Scale Charge Apply to an Electric Car?

This needs particular care.

Businesses with petrol or diesel cars sometimes reclaim VAT on road fuel and account for private use using HMRC’s:

VAT ROAD FUEL SCALE CHARGE.

For 1 May 2026 to 30 April 2027, the lowest CO₂ band — 120g/km or less — has an annual VAT-inclusive scale-charge value of £657.

But:

DON’T SIMPLY APPLY THE £657 SCALE CHARGE TO AN EV BECAUSE IT HAS 0G/KM CO₂.

HMRC’s VAT Notice deals with electricity for charging EVs separately from its rules on road fuel and fuel scale charges.

HMRC says businesses should identify business/private electricity use through mileage records where appropriate.

The practical VAT treatment therefore depends on:

  • where the EV is charged;
  • who receives the supply of electricity;
  • who pays for it;
  • whether the business has incurred recoverable VAT;
  • and the business/private mileage split.

This is another reason to keep good mileage and charging records.


Are There Still Grants for EV Chargers?

YES.

The Workplace Charging Scheme currently contributes towards the purchase and installation of EV chargepoints at eligible workplaces.

The scheme can cover up to:

75% OF THE COST

subject to a maximum of:

£500 PER SOCKET

and:

40 SOCKETS

across all sites per applicant.

The current scheme closes on:

31 MARCH 2027.

Eligibility conditions apply, so check them before committing to the installation.


Can the Company Also Claim Tax Relief on a Charger?

Potentially.

Qualifying expenditure on new and unused electric vehicle chargepoints can currently qualify for:

100% FIRST-YEAR ALLOWANCES.

The current relief is available until:

31 March 2027 – Corporation Tax

5 April 2027 – Income Tax

So a business considering workplace charging should potentially investigate both the grant and the capital allowance position.

The interaction with grant funding needs to be taken into account when determining the qualifying expenditure.


What About Charging at Home?

The tax position shouldn’t be confused with the VAT position.

For a fully electric company car, HMRC says an employer does not have to report charging provided for the employee’s company EV as a taxable benefit.

For reimbursement of business mileage in a company EV, HMRC now publishes separate advisory electric rates.

From:

1 SEPTEMBER 2026

these are:

Home charging

7P PER MILE

Public charging

15P PER MILE.

These rates relate to company electric cars.

They should not be confused with the 55p AMAP rate for personally owned cars.


What If I Buy the EV Personally?

This has become significantly more interesting in 2026/27.

If you personally own the vehicle and use it for qualifying business journeys, your company can pay Approved Mileage Allowance Payments of:

First 10,000 business miles

55P PER MILE

Thereafter

25P PER MILE.

The increase from 45p to 55p was backdated to:

6 APRIL 2026.

So if you drive 10,000 qualifying business miles:

10,000 × 55p = £5,500

£5,500

can potentially be reimbursed under the AMAP rules.

That rate applies to electric cars as well as petrol, diesel and hybrid cars.


£30,000 Used EV Personally vs Company Owned

Suppose you buy a used EV personally for:

£30,000

and drive:

10,000 QUALIFYING BUSINESS MILES.

Your company could potentially reimburse:

£5,500

under the AMAP rules.

There is no company-car BIK because:

IT IS YOUR CAR.

But you personally had to fund the £30,000 purchase.

If the company buys it instead:

  • the company provides the £30,000;
  • it owns the vehicle;
  • it potentially obtains capital allowances;
  • it can pay relevant running costs;

but private availability will normally create a company-car BIK.

Neither answer is automatically better.


Don’t Confuse the EV Mileage Rates

There are now some very different numbers being quoted for electric cars:

Situation2026/27 rate
Personally owned car – first 10,000 qualifying business miles55p/mile
Personally owned car – thereafter25p/mile
Company EV – home charging advisory rate from 1 Sept 20267p/mile
Company EV – public charging advisory rate from 1 Sept 202615p/mile

These rates do completely different jobs.

55P DOES NOT APPLY TO A COMPANY CAR.


What About Vehicle Excise Duty?

Electric cars are no longer generally exempt from Vehicle Excise Duty.

There is also the Expensive Car Supplement to consider.

From 1 April 2026, the Expensive Car Supplement threshold for zero-emission cars increased from:

£40,000

to:

MORE THAN £50,000.

So an EV’s list price can affect:

  • company-car BIK; and
  • potentially VED.

That’s another reason to look beyond the discounted price you actually pay.


What About Salary Sacrifice?

EVs can also remain particularly attractive through properly structured salary-sacrifice arrangements because low-emission cars benefit from special treatment under the Optional Remuneration Arrangement rules.

But salary sacrifice introduces additional considerations including:

  • National Minimum Wage;
  • pensionable pay;
  • statutory payments;
  • early termination charges;
  • maternity and other leave;
  • employees leaving;
  • insurance;
  • damage;
  • and excess mileage.

For an owner-managed limited company, straightforward company ownership may often be easier to compare first.


So Which Option Is Best?

A NEW COMPANY EV MAY BE BEST IF:

  • your company has sufficient taxable profits;
  • the car qualifies for the 100% FYA;
  • immediate Corporation Tax relief is valuable;
  • an eligible vehicle qualifies for the Electric Car Grant;
  • you value a full manufacturer/battery warranty;
  • you want the latest battery and charging technology;
  • you expect to keep the car for a reasonable period.

A SECOND-HAND COMPANY EV MAY BE BEST IF:

  • somebody else has already absorbed substantial depreciation;
  • the purchase price is significantly lower;
  • preserving company cash is important;
  • immediate capital allowance relief is less important;
  • the battery condition and warranty are good;
  • you are comfortable with the original list price used for BIK.

PERSONAL OWNERSHIP MAY BE BEST IF:

  • you can buy a relatively inexpensive used EV personally;
  • you drive significant business mileage;
  • the 55p AMAP rate is valuable;
  • you want to avoid company-car BIK;
  • you prefer personal ownership and flexibility.

The Comparison I Would Make Before Buying

For an owner-managed limited company, don’t just ask:

“Should the company buy an electric car?”

Compare:

OPTION 1

NEW EV BOUGHT BY THE COMPANY

Potential 100% FYA
Low 4% BIK
Potential grant on qualifying lower-priced models
Potentially highest depreciation

OPTION 2

SECOND-HAND EV BOUGHT BY THE COMPANY

Much lower purchase price possible
14% main-rate capital allowances
Same 4% BIK percentage
BIK still based broadly on original list price

OPTION 3

EV BOUGHT PERSONALLY

No company capital allowances
No company-car BIK
Company can potentially pay 55p/mile for first 10,000 qualifying business miles
You personally fund the vehicle


10 Questions to Ask Before You Order an EV

  1. Is it genuinely new and unused?
  2. Does it qualify for the 100% EV FYA?
  3. Does the particular new model qualify for the Electric Car Grant?
  4. What was the original list price for BIK?
  5. How much has an equivalent used EV already depreciated?
  6. What is the expected resale value in three or four years?
  7. How many business miles will I actually drive?
  8. Should I buy it personally and claim 55p mileage instead?
  9. Should the company buy, HP, PCP or lease it?
  10. Where will I charge it and what are the VAT and reimbursement consequences?

Answer those questions before choosing the car.


Frequently Asked Questions

Does a new electric car get 100% tax relief?

A qualifying new and unused zero-emission car can currently qualify for 100% First-Year Allowances. For Corporation Tax purposes, the current relief runs to 31 March 2027.

Does a second-hand electric car get 100% capital allowances?

No. A second-hand zero-emission car will generally receive main-rate writing-down allowances instead.

What is the capital allowance rate for a used EV in 2026?

The main WDA rate reduced to 14% from 1 April 2026 for Corporation Tax and 6 April 2026 for Income Tax. Hybrid rates can apply to accounting periods spanning the change.

Can I claim AIA on an electric car?

No. Cars are excluded from AIA.

Can I claim Full Expensing on an electric car?

No.

Does the general 40% FYA apply to cars?

No.

The 100% relief for qualifying new EVs comes from the specific zero-emission car FYA.

What is the EV BIK rate for 2026/27?

4%.

Is BIK lower if I buy the EV second-hand?

Not simply because it is second-hand. The calculation is broadly based on the relevant original list price rather than the second-hand price paid.

Can my company reclaim VAT when it buys an electric car?

Usually not where the car is available for private use. EVs don’t receive a special exemption from the normal VAT rules for cars.

Does the VAT fuel scale charge apply to electricity?

Don’t automatically apply the conventional road-fuel scale charge to an EV. HMRC deals with EV charging electricity separately in its VAT guidance, and business/private use and the identity of the recipient of the electricity supply need to be considered.

Can my company recover VAT on home charging?

Under HMRC’s currently published position, where an employee charges an EV at home, the electricity is supplied to the employee rather than the employer, so the employer cannot recover that VAT.

Are EV grants still available?

Yes. Eligible new cars can currently qualify for the Electric Car Grant, with maximum discounts of £3,750 or £1,500, depending on the vehicle’s grant band.

Are charger grants still available?

Yes. The Workplace Charging Scheme currently offers up to 75% of eligible costs, capped at £500 per socket for up to 40 sockets, subject to eligibility.

Can my company pay 55p per mile if I own an EV personally?

Yes, for the first 10,000 qualifying business miles in 2026/27 under the AMAP rules. The rate then falls to 25p.


New Doesn’t Automatically Mean Better

There is a very compelling tax case for a qualifying new company EV:

100% FIRST-YEAR ALLOWANCE

4% BIK

POTENTIAL EV GRANT

POTENTIAL CHARGEPOINT SUPPORT.

But:

TAX RELIEF DOESN’T MAKE DEPRECIATION DISAPPEAR.

A two or three-year-old EV might cost £15,000 or £20,000 less than its new equivalent.

And personal ownership has become more competitive because the first 10,000 qualifying business miles can now potentially be reimbursed at:

55P PER MILE.

So the right question isn’t:

“Which option gives me the biggest tax deduction?”

It is:

“WHICH OPTION GIVES ME THE LOWEST WHOLE-LIFE AFTER-TAX COST?”


Bicknell Business Advisers

For owner-managed limited companies, electric cars remain one of the most tax-efficient company-car options available in 2026/27.

But new, second-hand and personally owned EVs can produce very different results.

Before ordering a car, we can compare:

  • new vs second-hand;
  • company vs personal ownership;
  • cash vs HP vs PCP vs lease;
  • Corporation Tax;
  • capital allowances;
  • Benefit in Kind;
  • Class 1A NIC;
  • VAT;
  • grants;
  • charging;
  • business mileage;
  • and expected disposal value.

When you’re spending £30,000, £40,000 or £50,000 on a vehicle, doing the calculation before you buy it can be considerably more useful than working out the tax consequences afterwards.


More Company Car & Vehicle Tax Guides

Buy, HP, PCP or Lease a £50,000 Car Through Your Business?

Compare cash purchase, finance, PCP, leasing and personal ownership.

Hire Purchase, PCP & Leasing – Capital Allowances & Tax

How the method of finance changes the tax and accounting treatment.

Is It a Van or a Car for Tax?

Double-cab pickups, crew vans, Benefit in Kind, capital allowances and VAT explained.

About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, specialising in property taxation, landlord tax planning, SDLT, Capital Gains Tax and property company structures throughout the UK.

TOMS for Rent to SA – Reducing the Fallout of the Sonder Europe Upper Tribunal Decision

a bedroom with an open terrace

The Upper Tribunal’s decision has significant implications for businesses that lease residential properties and rent them out as serviced apartments. It suggests that such activities may not fall within the scope of TOMS, potentially requiring these businesses to account for VAT at the standard rate on the full value of their supplies, rather than just on their profit margin. This shift could impact the VAT treatment of supplies made by similar operators in the serviced accommodation sector.​

As of March 22, 2025, Sonder Europe Ltd has applied for permission to appeal the Upper Tribunal’s decision regarding the applicability of the Tour Operators’ Margin Scheme (TOMS) to its serviced apartment operations. The Upper Tribunal had previously overturned the First-tier Tribunal’s ruling, siding with HMRC in determining that Sonder’s activities did not qualify for TOMS. We are currently awaiting the court’s determination on whether the appeal will be allowed.​

First-tier Tribunal (FTT): The decision was released on 5 July 2023. ​GOV.UK

Upper Tribunal (UT): The decision was released on 14 January 2025. ​GOV.UK

Discretionary Relief from Retrospective VAT Registration

If you didn’t register for VAT because you believed TOMS applied and the margin was below the VAT threshold, you would be required to do a back dated registration, however you could ask HMRC for Discretionary Relief.

Retrospective registration may not always be imposed if exceptional circumstances exist. HMRC may exercise discretion to waive backdating if it would be unreasonable to do so, or if the trader demonstrates a genuine misunderstanding or error at the time of registration

To make a compelling case to HMRC for discretionary relief from retrospective VAT registration, based on a genuine misunderstanding tied to the Sonder Europe case, you would need to write a detailed explanation highlighting the following points:


1. Establish the Context of the Misunderstanding

  • Explain that the decision to not register for VAT was based on reliance on the First Tier Tribunal (FTT) decision in favour of Sonder Europe. Emphasise that this decision created a reasonable belief that the application of TOMS to similar business operations was lawful and acceptable.
  • Reference the FTT’s decision, explaining how it shaped the industry practice and created precedent for similar businesses to believe TOMS was the correct VAT treatment for their supplies.Example: “The company relied on the First Tier Tribunal decision in the case of Sonder Europe, which ruled that TOMS applied to specific supplies. This ruling was widely understood in the industry as legitimate guidance for similar businesses. Consequently, the company believed that its operations fell within the scope of TOMS, and its taxable margin did not exceed the VAT threshold under this scheme.”

2. Demonstrate Good Faith

  • Establish that the business acted in good faith and sought to comply with VAT rules based on the prevailing interpretation at the time.
  • If applicable, include any evidence of professional advice or guidance sought (e.g., from accountants or tax advisors) that corroborated the decision to apply TOMS.Example: “The company sought professional advice from its tax advisor, who confirmed that the interpretation of TOMS, as outlined in the Sonder Europe FTT decision, was appropriate for the company’s operations. At no point did the company knowingly seek to avoid VAT registration or misapply the rules.”

3. Highlight the Impact of the Upper Tribunal Decision

  • Explain that the Upper Tribunal’s (UT) decision against the application of TOMS has now significantly changed the legal interpretation of VAT treatment for similar businesses. Emphasise that this decision was unforeseen and altered the business’s understanding of its VAT obligations.Example: “The Upper Tribunal’s decision to overturn the FTT ruling in the Sonder Europe case has fundamentally changed the interpretation of VAT law regarding TOMS. This decision was unexpected and directly affected the company’s prior understanding of its VAT obligations.”

4. Request for Discretionary Relief

  • Argue that it would be unreasonable to impose retrospective VAT registration under these circumstances, as the misunderstanding was genuine and based on a credible legal precedent at the time.
  • Highlight that forcing retrospective registration would impose undue financial and operational burdens on the business, particularly as the business acted reasonably and in good faith.Example: “In light of the genuine misunderstanding arising from reliance on the FTT decision and the subsequent unforeseen overturning of that decision by the Upper Tribunal, we respectfully request that HMRC exercise its discretionary care and management powers to waive retrospective VAT registration. We believe it would be unreasonable to impose retrospective liabilities in this instance, given the company’s good faith reliance on prevailing legal precedent.”

5. Propose Future Compliance

  • Reassure HMRC that the business is now fully committed to complying with the revised VAT treatment as clarified by the UT decision. Include a commitment to register for VAT moving forward (if required).Example: “The company is committed to ensuring full compliance with VAT obligations and will immediately register for VAT in accordance with the revised interpretation of the law. We are prepared to work with HMRC to ensure all future VAT returns are accurate and up to date.”

Should VAT Registered Business restate previous returns using Standard VAT?

The key issues include whether VAT must be restated retrospectively on the standard VAT scheme from the date of TOMS adoption or whether adjustments may be limited to future VAT returns. Additionally, if Sonder’s appeal proceeds should you keep using TOMS until thats ruled on?

Restating VAT Retrospectively
The UT ruling against the application of TOMS does not inherently require VAT to be restated retrospectively unless the UT decision explicitly mandates such action. Since HMRC policy typically supports prospective application of changes, operators may not need to restate VAT using the standard VAT scheme for prior periods unless exceptional circumstances apply 

Rules explicitly stating that the Upper Tribunal mandates retrospective action in VAT compliance are not absolute but situational. Retrospective compliance is only required:

  1. When the Upper Tribunal explicitly mandates such action in its decision.
  2. When the decision constitutes a reinterpretation of the law, which inherently requires retrospective application, as per HMRC Brief 24/11.

The relevant excerpt from HMRC Brief 24/11 is as follows:

“HMRC usually announces changes in its policy or its interpretation of the law in advance. Whilst changes in policy are given a future implementation date, a change in interpretation of the law will mean that the law should always have been applied in a certain way, so the change is retrospective. On this basis, HMRC has stated that it: will not require a correction of past errors, based on the old interpretation of the law, so the new interpretation can be applied from a current or future date; will accept a correction of past errors if the business will not be better off and HMRC no worse off than if the correction was not made; and may exercise its discretion not to collect outstanding VAT where the business has been misdirected by an HMRC officer (who gave a clear ruling when in possession of all the facts).” (11)

Adjustments for Future VAT Returns
HMRC is likely to require compliance with the UT’s ruling from the date of the decision. Future VAT returns should reflect the standard VAT scheme unless the UT ruling is overturned upon appeal

Effect of Sonder’s Appeal Request
Sonder’s request to appeal the UT decision may temporarily delay the implementation of the ruling until the appeal is resolved. However, unless a stay of execution is granted, the UT ruling remains binding during the appeal process. Businesses relying on the FTT decision should comply with the UT’s ruling unless the appeal is successful. The tribunal system allows for appeals to the Court of Appeal on points of law only.

Conclusion

When the decision first came out many advisors were of the opinion that retrospective corrections were needed, in the same way that many businesses which adopted TOMS retrospectively made reclaims as TOMS saved them significant amounts of VAT. This may still be required, as HMRC may now reject the switch to TOMS, however, as it hasn’t been mandated this would give the option to change to standard going forward, pending further developments.

steve@bicknells.net

Plain English guide to VAT for businesses

Getting to grips with the basics of accounting, financial management and business strategy can be a challenge. To make things easier, we’re starting a new Plain English guide to business.

This time, we’ll be looking at Value-Added Tax, or VAT as it’s generally known.

What is Value-Added Tax (VAT)?

Value-added tax (VAT) is a consumption tax. VAT is imposed on the value added at each stage of the production and distribution of many goods and services. Registered businesses charge VAT on their sales and can reclaim VAT paid on their purchases.

The standard VAT rate in the UK is currently 20%, with different reduced rates for certain goods and services that fall outside the standard rate.

How does VAT affect your business?

You can choose to register for VAT at any point. But registration does become mandatory once you hit the relevant threshold (see below). As a VAT-registered business, you’ll add a few tasks to your to-do list but will also benefit from claiming back any VAT expenses.

Here are your main VAT responsibilities:

  • Become VAT-registered – it’s mandatory to register for VAT once your company’s taxable turnover exceeds the rolling 12-months threshold (currently £85,000 per year)
  • File your VAT return – your business must file a VAT return (normally quarterly) that shows all VAT you’ve collected from customers, and all VAT expenses you’ve incurred.
  • Pay the collected VAT to HMRC – also every quarter, you’ll pay the VAT funds you’ve collected from your customers to HM Revenue & Customs (HMRC) less any reclaimable VAT you’ve paid to your suppliers.
  • Claim back VAT expenses – If there’s a refund – where the reclaimable VAT on your outgoings exceeds the VAT on your sales – you can claim that back from HMRC. This can be a helpful boost to your cashflow).

How can our firm help you with VAT?

Becoming a VAT-registered business brings a certain amount of professional kudos to your company – and it needn’t add too much to your financial workload.

As your adviser, we’ll let you know when you’re close to hitting the registration threshold and will be there to help you get VAT-registered. We’ll also make sure your VAT processes are as simple and streamlined as possible, and that you maximise your VAT expense claims. We can also help you decide whether one of the special VAT schemes might benefit you.

If you’d like to know more about registering for and managing VAT, we’ll be happy to explain.

How the Sonder Europe Ltd v HMRC Case Impacts on the Rent to Serviced Accommodation Business Model – VAT

In July 2023, a significant tax case, Sonder Europe Ltd v HMRC, shed light on the VAT implications for the “Rent to Serviced Accommodation” business model in the UK. This blog post aims to provide clear instructions and guidance on how this case impacts businesses in this sector.

Whether you are already involved in this industry or considering entering it, understanding the implications of this case is crucial.

Background

The provision of holiday accommodation in the UK is subject to a 20% Value Added Tax (VAT) rate. However, the Tour Operators’ Margin Scheme (TOMS) can be used to reduce the VAT payable, as it allows businesses to pay VAT only on the margin.

The margin is calculated as the difference between the selling price and direct costs, including rent and cleaning expenses. Under TOMS, VAT is due at 1/6th of the margin for accommodations within the UK.

The Case

In the Sonder Europe Ltd v HMRC case, the First-tier Tribunal examined whether the Rent to Serviced Accommodation business model should be considered eligible for TOMS.

Points considered and answered in the case

  1. What is material alteration – Furniture? Repairs? Decorating?
  2. Is R2SA eligible to be a Tour Operator

As is typical in this sector the agreements with landlords are often 6 months to 3 years.

Sonder Europe Ltd, a company providing short-term accommodation, argued that they should be eligible for TOMS and therefore be subject to reduced VAT payments.

The Tribunal Decision

Sonder Europe Ltd v HMRC [2023] UKFTT 610 (TC) (5 July 2023)

The First-tier Tribunal ruled in favour of Sonder Europe Ltd., stating that their accommodation services fall under the TOMS scheme. The Tribunal concluded that the company’s business model met the criteria for TOMS, allowing them to pay VAT based on the margin rather than the full 20% VAT rate.

Note – First Tier Tribunal decisions don’t set a precedent, the case was based on EU Laws applicable at the time and HMRC may Appeal or bring further cases, but this is a land mark decision and it should also be noted that the Tribunal Judge and President, Greg Sinfield, is someone with a long history in the realms of VAT Liability questions and the interpretation of the legislation.

Where TOMS applies it must be applied and that means that many operators may now have grounds to apply TOMS VAT going back 4 years and stand behind the Sonder case.

Implications for R2SA VAT

The Sonder Europe Ltd v HMRC case has significant implications for businesses operating in the Rent to Serviced Accommodation sector. Following the Tribunal’s decision, such businesses can potentially benefit from substantial VAT savings by utilising TOMS. This is because Rent to Landlords is a major cost and without TOMS allowing its deduction would lead to high VAT costs which would be based on Sales.

Step-by-Step Guidance

To successfully apply the implications of the Sonder Europe Ltd v HMRC case to your Rent to Serviced Accommodation business model, follow these steps:

  1. Understand your business model:
    Familiarise yourself with the specific details of your Rent to Serviced Accommodation business model. Ensure it aligns with the characteristics that allowed Sonder Europe Ltd to be eligible for TOMS.
  2. Analyse direct costs:
    Determine the direct costs associated with your accommodation services, including rent, cleaning, maintenance, and other relevant expenses. These costs are crucial for calculating the VAT margin.
  3. Calculate the VAT margin:
    Subtract the total direct costs from your selling price to calculate the VAT margin. This margin will form the basis for VAT payments under TOMS.
  4. Apply the TOMS VAT rate:
    Multiply the VAT margin by 1/6th (0.1667) to determine the VAT due on your accommodation services. This result represents the reduced VAT payment you are eligible for under TOMS.
  5. Maintain accurate records:
    Keep detailed records of your sales (tax point will be departure date), direct costs, and VAT payments. Transparent and accurate documentation is crucial for compliance and potential future audits.

Conclusion

The Sonder Europe Ltd v HMRC case has provided a positive outcome for the Rent to Serviced Accommodation business model in relation to VAT payments. Utilising TOMS based on the Tribunal’s decision can lead to significant VAT savings. By understanding the implications of this case and following the step-by-step guidance provided, you can successfully adapt your business model to benefit from reduced VAT payments.

Read our other blogs on TOMS

Is TOMS an option for Serviced Accommodation VAT? – Steve J Bicknell Tel 01202 025252

How are HMRC attacking the use of TOMS for serviced accommodation? – Steve J Bicknell Tel 01202 025252

If TOMS applies is the VAT threshold based on Sales or Margin? – Steve J Bicknell Tel 01202 025252

steve@bicknells.net

How do you create a Group using Share Exchange/Swap? Why is it done?

photo of man holding pen

Share for Share exchange is often used when you are re-organising or creating a group and benefits from tax relief.

Basically if you don’t do a share exchange you would need to sell the shares at market value creating both Capital Gains and Stamp Duty costs.

In order to do a Share exchange you must have bona fide commercial reasons for doing it and it can’t be just to avoid tax. So for example you might want to create a group in order to separate trading and investment activities and enable an investment company to obtain mortgage finance (most lenders probably would not lend to a single company doing both trading and investment in the same company as it puts the investment at risk).

Why?

Here is a common scenario, a developer buys a commercial property to develop into residential and sell, but when the project completes the market conditions have changed they want to keep the residential properties and rent them out.

During the development they will have reclaimed VAT and the first grant of residential is Zero Rated, so they get full recovery. An investor would not get this.

So to avoid partial exemption for VAT its best to move to a new company and there are bona fide Commercial Reasons too as previously noted.

Although the reclassification to investment will create a profit and tax charge a group structure will provide Group SDLT relief. See these blogs for details.

What if you move a Property from Fixed Asset Investment to Trading Stock or Vice Versa? Appropriations and Reclassifaction – Steve J Bicknell Tel 01202 025252

Do you pay SDLT on Properties Transfers within a Group? – Steve J Bicknell Tel 01202 025252

How?

The process basically has 4 stages.

Stage 1 – Form the new companies

Assuming you are now creating a new Holding Company with a New Investment Company, these need to be formed first.

Stage 2 – HMRC Clearance

Its not mandatory but it is best practice How to apply for clearance or approval of a transaction from HMRC – GOV.UK (www.gov.uk)

To get clearance you need to write a letter to HMRC setting out all the facts, the group structure and the commercial reasons, typically the letter is 6 to 10 pages long.

You can request advance clearances by sending an email to reconstructions@hmrc.gov.uk. You do not need to send a paper copy.

Attachments should be no larger than 2MB. Do not send self-extracting zip files as HMRC software will block them.

If possible we would like to reply by email, but we need your permission to do so by including the following statement:

‘I confirm that our client understands and accepts the risks associated with email and that they are happy for you to send information concerning their business or personal details to us by email. I also confirm that HMRC can send emails to the following address (or addresses)….’

If you’re making the application on behalf of yourself or your company adapt this wording as necessary.

Stage 3 – The Contract

This is normally done by a solicitor.

The contract deals with the acquiring company and the shareholders of the target company under which the shares are to be acquired with the consideration being shares in the acquiring company.

Stage 4 – Stamp Duty Relief

As the acquiring company is paying consideration for the shares (the issue of its own shares), then the transaction is subject to Stamp Duty. However, relief can be claimed under s77 FA 1986 if the conditions are met and the anti-avoidance rule of s77A FA 1986 does not apply. HMRC guidance is at STSM042000 starting at STSM042410. After the conditions have been checked and a claim prepared, see “How to Claim Relief” on GOV.UK. The claim needs to be made within 30 days of the contract date and, as HMRC outline, various information will need to be attached to the e-mail claim including the stock transfer form.

steve@bicknells.net

VAT Construction Reverse Charge – what does the Subcontractor Invoice need to look like?

laughing male constructor showing thumb up at working desk

For VAT reverse charge to apply the subcontractor must be able to answer these questions

  1. Is the work being done a construction activity (CIS340)
  2. Are both the Subcontractor and Contractor registered for VAT (and the VAT rate isn’t Zero) and CIS
  3. Does the contractor have an onward supply for Construction Services (in other words they aren’t the end user or an intermediary)

Assuming the answer to all 3 questions is YES then VAT reverse charge will apply and the subcontractors invoice need to look like this one.

Under the VAT Regulations 1995 invoices for domestic reverse charge supplies, when the customer is liable for the VAT, must include the reference ‘reverse charge’. The following examples fulfill the legal requirement:

•Reverse charge: VAT Act 1994 Section 55A applies

•Reverse charge: S55A VATA 94 applies

•Reverse charge: Customer to pay the VAT to HMRC  

The Subcontractors VAT return will look this.

All the major software providers have this covered for you, for example on Sage Accounting you just need to tick a box on Customers Account Settings.

steve@bicknells.net

Spring Statement 2022

A summary of the Spring Statement 2022 is now available – click here

We have produced this newsletter to cover the main issues that are most likely to be of interest to you. You will also find useful commentaries to help you understand how the proposed changes may affect you personally. In addition, we have included a detailed calendar of the most important dates for 2022/23 that will help you with tax planning ahead of time. If you have any questions concerning the issues covered in this summary, or would like advice on the best possible course of action in a particular area, please contact us – click here

Is that Invoice correct or invalid for VAT?

Its a common issue, how often do directors buy things in their own name or perhaps use their personal amazon prime account for convienence.

The invoice is then addressed to them not to the company!

VIT13400 – VAT Input Tax basics: when input tax can be claimed by the business on supplies to employees

You must take care in applying the supply rule when the third party is an employee. Here are some examples of supplies made to the employer, provided the employer meets the full cost, even when it may look as if the employee has received the supply:

  • road fuel and other motoring expenses;
  • subsistence costs such as meals and accommodation necessarily paid for whilst away from the normal workplace;
  • removal expenses arising from company relocations or transfer of staff;
  • sundry items such as small tools or materials purchased on site.

This list is not exhaustive.

You should decide whether the supply is legitimately paid for by the employer for the purpose of the business. If it clearly is then input tax should be recovered. This is in keeping with the intention of the legislation.

Simplified VAT Invoices for items worth less than £250 – these invoices don’t show the customers details

Simplified invoices only need to include the following information: 

  • The name, address and VAT registration number of the supplier
  • A unique invoice number
  • The tax point, also known as the ‘time of supply’ – (This is the date that the transaction actually takes place and is used for VAT purposes. The tax point may be different from the invoice date.) 
  • A description of the products or services that are sold
  • The VAT rate of each invoiced item – (If an item is VAT exempt or zero-rated, then the invoice must show that there’s no VAT charged on that item.)
  • The total amount, including VAT

Unlike an ordinary invoice, it’s not necessary to include your customer’s name and address, or the date the invoice was issued. Other information about prices and VAT, such as the total amount of VAT, the price of each item without VAT and the pre-tax total, can be omitted. 

What if the above don’t apply and you can’t get the supplier to correct the invoice? Will HMRC reject you VAT reclaim?

First you need to keep notes of your attempts to get a valid invoice.

Then to persuade HMRC that the VAT reclaim is valid you will need to prove

  1. There has been an actual supply of goods or services to your business
  2. Your business received the goods and services and that they don’t belong to another person or business
  3. You have some documentary evidence to support the claim such as contracts, purchase orders, correspondence, you may also be able to link the purchase to a sale

VIT31200 – How to treat input tax: alternative evidence for claiming input tax

Questions to determine whether there is a right to deduct in the absence of a valid VAT invoice

  • Do you have alternative documentary evidence other than an invoice (for example a supplier statement)?
  • Do you have evidence of receipt of a taxable supply on which VAT has been charged?
  • Do you have evidence of payment?
  • Do you have evidence of how the goods/services have been consumed within your business or evidence about their onward supply?
  • How did you know the supplier existed?
  • How was your relationship with the supplier established? For example:
  • How was contact made?
  • Do you know where the supplier operates from (have you been there?)
  • How do you contact them?
  • How do you know they can supply the goods or services?
  • If goods, how do you know they are not stolen?
  • How do you return faulty supplies?

Where:

  • the supply is of goods not specified as subject to widespread fraud and abuse; and
  • the taxpayer can provide satisfactory alternative evidence of the supply (questions 1-4); and
  • there are no grounds to suspect abuse or fraudulent intent on the part of the claimant

HMRC staff should normally exercise their discretion to allow the taxpayer to deduct the input tax.

steve@bicknells.net

New Multiple Penalties for MTD ITSA and VAT!

The new HMRC penalties cover late submission, late payment and interest harmonisation and unlike the old penalties you will now get points and penalties even if you owe no tax or are due a refund! there will be no soft landing period.

The new penalties take effect:

  • for VAT taxpayers for their first VAT return period starting on or after 1st April 2022
  • for ITSA (Income tax and self assessment) taxpayers within income over £10k subject to Making Tax Digital (MTD) for their first tax year or accounting period starting on or after 6th April 2023
  • for ITSA taxpayers with income below £10k starting 6th April 2024

In theory the penalties are fairer but they can work out more expensive than the current penalties.

The new system is based on points, each late return gets a penalty point which expire after 24 months.

The points only apply to VAT and ITSA (not to other taxes at the moment)

Once the penalty threshold is reached there is a fixed penalty of £200 for each missed return, there is an appeals process.

Submission FrequencyPenalty Theshold
Annual2 points
Quarterly 4 points
Monthly 5 points

Total points will only be reset to zero once when the following 2 conditions are met

  1. A period of compliance based on their submission frequency
  2. All submissions that were due within the preceding 24 months have been submitted
Submission FrequencyPeriod of Compliance
Annual24 months
Quarterly12 months
Monthly6 months

Late Payment Penalty

Late Payment could potentially mean you get two penalties depending on when you pay!

The first penalty will be levied 31 days after the payemnt due date and will be based on a set percentage of the balance outstanding.

The second penalty will be calculated on amounts outstanding from day 31 until the principle balance is paid in full or a payment plan agreed.

Time to Pay Payment plans suspend penalties.

HMRC will notify the penalties separately.

PenaltyDays after payment due datePenalty charge
First Penalty0 to 15No penalty payable
16 to 29Penalty calculated at 2% of what was outstanding at day 15
30Penalty calculated at 2% of what was outstanding at day 15

Plus 2% of what is still outstanding at day 30
Second PenaltyDay 31 plusPenalty calculated as a daily rate of 4% on APR for the duration of the outstanding balance

There will be a ‘period of familiarisation’ for the first year which is based on 30 days.

Interest Harmonisation

The VAT interest rules will change to be inline with ITSA

  • When an amount is not paid by the due date, late payment interest will be charged to the taxpayer from the date that the tax becomes overdue until the date payment is received
  • VAT Repayment Supplement will be replaced with Repayment Interest. Repayment Interest will be paid from the later of:
    • the due date of the return
    • the date the return is submitted

If HMRC owe you interest it will be paid at the Bank of England Base Rate -1% but if you owe HMRC interest its at the Bank of England base rate +2%.

Other things to note

  • The Gateway will tell you how many points you have
  • The Gateway will tell how penalties have been calculated
  • Agents will not be able to pay the penalties
  • When appealing you will need to say who was to blame for missing the deadline
  • When claiming the deadline was missed due to a health issue a declaration of honesty is required

steve@bicknells.net

How much VAT can you claim back for expenses before you became VAT Registered?

You don’t have to wait till you hit the £85,000 threshold to register for VAT, you can voluntarily register even before you make your first taxable supply (sale). You can even back date the registration!

VATREG21550 – Voluntary registration: intending traders: what is an intending trader?

An intending trader is a person who, on the date of the registration request:

  • is carrying on a business
  • has not started making taxable supplies
  • has an intention to make taxable supplies in the future.

Intending traders normally seek registration from a current date in order to reclaim input tax incurred in the setting up and development of their business. In some cases, the amounts involved may be substantial and cover a long period of time.

VATREG21650 – Voluntary registration: intending traders: requests from an intending trader for retrospective registration

Requests for backdating an EDR in cases of voluntary registration can only be considered at the time of initial application: see VATREG21150.

When you are considering such requests, traders must be able to provide evidence that they would have satisfied us at the time (that is, the earlier date requested) that they had a firm intention to make taxable supplies.

What Evidence is needed?

Examples would include

  • potential contracts
  • planning permission
  • items purchased for the business
  • patents applied for
  • application for option to tax land or buildings

What about new companies?

Companies don’t exist until they are formed (incorporated), so they can’t be registered until they exist, but you can still claim for pre-trading expenses, subject to the rules in the next few paragraphs. The VAT is reclaimed by submitting an expense claim to the company on the day the company was created (incorporated).

Purchases made before registration

There’s a time limit for backdating claims for VAT paid before registration. From your date of registration the time limit is:

  • 4 years for goods you still have, or that were used to make other goods you still have
  • 6 months for services

You can only reclaim VAT on purchases for the business now registered for VAT. They must relate to your ‘business purpose’. This means they must relate to VAT taxable goods or services that you supply.

You should reclaim them on your first VAT Return (add them to your Box 4 figure) and keep records including:

  • invoices and receipts
  • a description and purchase dates
  • information about how they relate to your business now

Personal Use

If the purchases have a element of personal use that must be excluded.

For example a mobile phone acquired before the business started or not on a business contract used for personal and business, only the business proportion can be claimed on your VAT return.

If the phone subsequently is replaced with a business contract then the whole cost can be claimed.

What Goods can the 4 year rule be applied to?

A good example would be Stock or Work in Progress and to support your claim you would need

  • Quantities and Descriptions
  • Invoices
  • Details of how they relate to your business now

Fixed Assets would also qualify, for example

  • Computers
  • Desks
  • Office Equipment

However, VIT32000 states a business may not use regulation 111 to recover VAT on supplies that were purchased for non-business or private purposes. The expense is not a business cost and no VAT can ever be recovered, regardless of any subsequent business use. This principle was confirmed in the case of Waterschap Zeeuws Vlaanderen (see VIT62520). For example:

  • an individual buys a van to use for wholly private purposes. Three years later the individual registers for VAT and uses the van exclusively within their business. The VAT paid on the van is permanently outside of the VAT system because there were no business activities at the time the van was bought. The VAT paid on the van can never be brought back in under the terms of regulation 111

What about the 10 year Capital Goods rule?

For capital items within the Capital Goods Scheme and acquired after 1 January 2011 there are different rules.

Capital items are defined as:

  • Land, buildings and civil engineering work or capital expenditure in relation to the same including construction, refurbishment, fitting out, alteration and extension, where the value is more than £250,000 (Land); or
  • Ships, boats or other vessels and aircraft including capital expenditure in relation to the same of construction, refurbishment, fitting out, alteration and extension, where the value is more than £50,000 (Ships and Aircraft); or
  • Single items of computer hardware where the value is over £50,000 (Computers).

Where the goods or services acquired prior to registration are capital items and when the business registers on or after 1 January 2011, even in cases where the registration is backdated to an earlier date, the normal regulation 111 time limits of six months for services and four years for goods on hand may not apply. Instead a business may be able to recover VAT incurred up to ten years prior to registration in respect of land and up to five years prior to registration for other capital items.

What counts as Services?

Examples could include

  • Subcontractors
  • Professional Services from Accountants and Lawyers
  • Software
  • Rent of Premises
  • Telephone and Internet
  • Equipment leasing

The main problem is deciding whether the services have been consumed/used up before registration for example Rent – the rental period could be expired before registration in which case it can’t be claimed (however that might not apply to warehouse holding stock or rent paid in advance). The same issues apply to Telephone and Internet – was the cost to generate future work or past work. In fact most types of service need to be carefully examined as they could be past or future, only those relating to period after registration can be claimed as these costs haven’t been ‘Consumed’.

In order to qualify

  1. The services must be for the business now registered for VAT
  2. Supplied for the purpose of the business and relate to taxable/Vatable activities (ie not exempt activities)
  3. Not related to goods consumed/disposed of before registration, for example if the subcontractor worked on a project sold before the Effective Date of Registration then you can’t claim it

steve@bicknells.net