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Where Taxpayers and Advisers Meet

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by les35
Wed Mar 04, 2020 5:57 pm
Forum: VAT & Excise Duties
Topic: Road Fuel Scale Charge
Replies: 1
Views: 367

Re: Road Fuel Scale Charge

There is no specific piece of legislation which prohibits use of the fuel scale charge in one VAT period, and then a different method (mileage calculation) in another period. But I advise clients to choose a method and stick with it; perhaps review every few years. HMRC Notice 700/64, chapter 8 prov...
by les35
Fri Feb 28, 2020 3:25 pm
Forum: VAT & Excise Duties
Topic: VAT registration Ebay business
Replies: 3
Views: 457

Re: VAT registration Ebay business

It can be tricky applying to HMRC for an exception from registration. There is no guarantee that they will grant it.
I am concerned that eBay seem to have confused your private sales and your business sales; HMRC may do the same! Did you use the same account?
by les35
Mon Feb 24, 2020 2:59 pm
Forum: VAT & Excise Duties
Topic: Self Build VAT Reclaim - selling a partly constructed building
Replies: 2
Views: 449

Re: Self Build VAT Reclaim - selling a partly constructed building

If I were advising the builder who sold the partly completed dwelling, I would register for VAT, since the supply is zero rated, and recover VAT on materials, etc.
Given HMRC's current aggressive approach to DIY claims I suspect they would reject any attempt to claim under the scheme.
by les35
Fri Jan 17, 2020 11:05 am
Forum: VAT & Excise Duties
Topic: VAT Input tax from tax period more than 4 years ago
Replies: 6
Views: 1117

Re: VAT Input tax from tax period more than 4 years ago

I would not expect HMRC to back-date an application for the FRS. You can always ask, though, especially since your input tax claim have been disallowed.
(VAT is not always fair!)
by les35
Wed Nov 20, 2019 4:24 pm
Forum: VAT & Excise Duties
Topic: option to tax
Replies: 15
Views: 1365

Re: option to tax

If HMRC rule there is no TOGC, then they can assess the Vendor. The Vendor can raise a VAT-only invoice to the purchase, who will reclaim it, since he has opted to tax. But things are not always so smooth! (1) if the contract does not allow the Vendor to request further consideration, then they will...
by les35
Wed Nov 20, 2019 4:15 pm
Forum: VAT & Excise Duties
Topic: Complimentary hotel rooms - input VAT issues
Replies: 2
Views: 700

Re: Complimentary hotel rooms - input VAT issues

Interesting question. Where the occupant is an employee, Sch 6. para 10 provides that the supply is nil. But presumably the supply is still in the course of the hotel's business, so input tax remains deductible. On reflection I think a free supply to a person who is not an employee is also something...
by les35
Wed Nov 20, 2019 1:07 pm
Forum: VAT & Excise Duties
Topic: option to tax
Replies: 15
Views: 1365

Re: option to tax

The submission of the OTT by the specific date is a condition of a TOGC where the Vendor has opted to tax.
So a failure to submit in time renders it not a TOGC, so the supply is taxable.
by les35
Wed Nov 20, 2019 11:10 am
Forum: VAT & Excise Duties
Topic: option to tax
Replies: 15
Views: 1365

Re: option to tax

Although the transaction is completed, as you say, VAT Law will always take precedence over contract law. This means HMRC can re-visit the transaction and charge VAT and penalties to the Vendor. Whether he can re-charge that to the purchaser depends on the wording of the contract. (HMRC's approach i...
by les35
Tue Nov 19, 2019 5:08 pm
Forum: VAT & Excise Duties
Topic: option to tax
Replies: 15
Views: 1365

Re: option to tax

If the TOGC conditions are not met, the Vendor is required to charge VAT (and increased SDLT?).
The purchaser should be able to recover it; but again that will be subject to HMRC unhelpfulness.
by les35
Tue Nov 19, 2019 2:15 pm
Forum: VAT & Excise Duties
Topic: option to tax
Replies: 15
Views: 1365

Re: option to tax

You can apply for a belated notification of the option to tax. See Notice 742A, para 4.2.1 - https://www.gov.uk/guidance/opting-to-tax-land-and-buildings-notice-742a#sec4 or you may have to seek a review. You have the legal and guidance issues to address, and also HMRC's stubborn-ness and unhelpfuln...

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