
Value added tax (VAT), or goods and services tax (GST) is a consumption tax levied on value added. In contrast to sales tax, VAT is neutral with respect to the number of passages that there are between the producer and the final consumer; where sales tax is levied on total value at each stage, the result is a cascade (downstream taxes levied on upstream taxes). A VAT is an indirect tax, in that the tax is collected from someone who does not bear the entire cost of the tax.
Here is a question about VAT and answer I recently came across on a business forum.
Question:
A limited company in the building trade exceeded the VAT threshold in the last tax year (08/09) but didn’t realise until now as the final accounts are being prepared. It went about £13k over the top.
They are happy to register for VAT and charge for future work however what should be done about last year’s trading?
Obviously it’s too late now to go back to the clients and add VAT to the invoices (if indeed you can charge retrospectively) but does that mean there’s a VAT liability that needs to come out of the company profits?
I also understand that the business can apply for the flat rate scheme with a 1% discount in the first year, can this be backdated too if there are liabilities from last year?
The company is now trading in this tax year and not charging VAT, should they start with immediate effect pending a VAT registration number?
Answer:
Your first task is to find out exactly when the registration threshold was exceeded. It’s not based on accounting years, but any rolling twelve month period. If that was exceeded for example at the end of November 2008, then registration is required from 1 January 2009 - there’s a gap of 1 month between exceeding the threshold and the date of registration. It also means that you don’t pay VAT for the whole year that you exceed the threshold, just from the due date.
If you register late - more than 30 days after exceeding the threshold - there will be a late registration penalty. For registration less than 9 months late, that’s 5% of the net VAT due from the correct date of registration to the date that you advise them. Can you buy something with lots of VAT - a vehicle for example - to reduce the VAT due and therefore the penalty. Be sensible - it’s only 5% so don’t waste money on something that you don’t want.
In terms of past VAT, yes the company will have to pay it. If they have been working for VAT registered businesses, the businesses will probably accept a late invoice for the VAT element because they can reclaim it. Private householders however cannot be expected to fork out more, so the company will have to pay it. The VAT won’t be added on top of what the company charged - the charge will be deemed to include VAT and that’s worked out at 3/23 of the gross amount (after 01/12/2008) so on £1,000 the company will have to pay just over £130, not £150. Any VAT suffered on materials and expenses can be deducted. (This assumes normal VAT not flat rate, of which more later)
It does come out of company profits (unless recovered from customers) so can be taken into account in preparing accounts.
The company will also have to pay VAT on current trading, so yes it should be adding VAT to invoices, or allowing for it in prices. (In general, if you are dealing with the general public it’s best to quote a price that includes VAT but without referring to it. For example quote £1,150, not £1,000 plus VAT. That’s because lots of consumers will offer you cash and expect the VAT to be knocked off. Not only is that illegal, what’s the point? There’s nothing in it for the company)