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View the related Tax Guidance about Registration and deregistration

VAT registration 鈥� procedure

VAT registration 鈥� procedureThis guidance note provides information relating to the VAT registration procedure for persons established in the UK and includes:鈥�points to consider when choosing the most appropriate date for the VAT registration to take effect鈥�guidance regarding accounting for VAT from the date registration takes effect鈥�points to consider when dealing with a late registrationFor information regarding VAT registration in the UK for non-established taxable persons (NETPs), please refer to the Overseas business 鈥� registering for VAT in the UK guidance note. An NETP is any person who is not normally resident in the UK, does not have a UK establishment and, in the case of a company, is not incorporated in the UK.For information regarding the conditions for recovering VAT on costs incurred prior to the date of registration, please refer to the Input tax 鈥� pre-registration, pre-incorporation and post-registration guidance note.Although most applications to register for VAT can (and indeed must) be completed online, professional advice and assistance can add significant value, for example in relation to:鈥�choosing the most appropriate date for the VAT registration to take effect鈥�whether monthly VAT accounting may be appropriate if regular VAT repayments are anticipated鈥�advising on the most appropriate way to account for VAT from the date of registrationVAT registration 鈥� how to register; Register for VATThe HMRC online VAT registration service is generally quicker than applying by paper, particularly if the application can be processed without the need for manual intervention by HMRC. HMRC expects

VAT registration and deregistration 鈥� overview

VAT registration and deregistration 鈥� overviewThis guidance note is intended to provide an overview of the topic of VAT registration and deregistration.For in-depth commentary on registration and deregistration, see De Voil Indirect Tax Service Division V2.1.Key considerations associated with VAT registration and deregistrationThere are a number of key VAT areas to consider when registering and deregistering for VAT. The table below summarises many of these and also links to more detailed guidance on each of these subjects:Area to considerDescriptionGuidanceCompulsory VAT registrationVAT registration may be required on a compulsory basis. For UK established businesses, a compulsory registration requirement arises when the VAT registration threshold is breached either under the historic or future tests. Non-established taxable persons do not benefit from a VAT registration threshold. It is essential to be aware of when a registration requirement arises and of the implications that followVAT registration 鈥� compulsoryVoluntary VAT

Input tax 鈥� pension schemes

Input tax 鈥� pension schemesThis guidance note looks at VAT recovery associated with pension schemes for both employers and pension fund trustees. For an overview of input tax more broadly, see the Input tax - overview guidance note.For in-depth commentary on the legislation and case law in this area, see De Voil Indirect Tax Service V3.407C.VAT recovery and pension schemes - the basicsThere are a variety of different means by which an employer may provide pensions to its employees. These include:鈥�insurance based schemes where retirement benefits are secured through an insurance policy鈥�unfunded schemes where no specific funds are set aside to pay pensions鈥�schemes where the employer provides for the payment of pensions by a segregated reserve fund in the balance sheet, represented by specific assets鈥�funded pension schemes where the pension contributions are vested in pension scheme trusteesThe first three categories above present no major unique challenges for VAT recovery. Costs are incurred by the employer and VAT may be recovered in line with the normal input tax rules. In relation to the fourth category, it is possible for an employer to act as sole trustee of its pension fund. This also limits the complexity of the VAT issues that arise since all supplies received in connection with the fund are received by the employer. However, the employer must still consider whether the fund is undertaking any exempt or non-business activities as these will normally restrict the amount of VAT which can be recovered. Where there

Trading as a partnership

Trading as a partnershipThis guidance note provides an overview of the VAT implications affecting businesses that trade as a partnership.IntroductionThe Partnership Act 1890, s 1(1) provides the following definition of a partnership:1)鈥淧artnership is the relation which subsists between persons carrying on a business in common with a view of profit.2)But the relation between members of any company or association which is 鈥昦)registered under the Companies Act 2006, orb)Formed or incorporated by or in pursuance of any other Act of Parliament or letters patent, or Royal Charteris not a partnership within the meaning of this Act.鈥滵e Voil Indirect Tax Service V2.110A partnership is an unincorporated association in which the agreement between the parties is such that the relationship between themselves and third parties is governed by the Partnership Act. The existence of a partnership is a matter of fact and usually has the following elements:鈥�there must be a business鈥�the business must be carried on by two or more persons carrying on a business in common with a view to making a profit鈥�the persons share any net profits and losses arising from the business activities鈥�the parties have the power individually, by actions or words, to legally bind other members of the firm in relation to its dealing with third partiesIn Scotland a partnership is a legal person distinct from the partners who compose it. See VATDSAG04350 for more information on Scottish partnerships.From a VAT perspective the partnership itself will be treated as the

Place of supply of services 鈥� intermediaries

Place of supply of services 鈥� intermediariesThis guidance note looks at the special place of supply rules that apply to intermediary services.For an overview of VAT and international services more broadly, see the International services 鈥� overview guidance note. For information on agency and its VAT implications more broadly, see the Supply and consideration 鈥� agents, agency and principals guidance note.In-depth commentary on the legislation and case law that applies to intermediaries for the purposes of the place of supply of services can be found in De Voil Indirect Tax Service V3.195. What is the place of supply of intermediary services?The place of supply of intermediary services will depend on whether the intermediary service is supplied business to business (B2B) or business to consumer (B2C).B2B intermediary services fall under the general rule for the place of supply of services and are therefore supplied where the customer belongs. However, B2C supplies of intermediary services are covered by a special place of supply rule. These are taxed in the same place as the supply to which the intermediary service relates (ie the underlying arranged supply). For discussion of whether a supply is B2B or B2C and for the general rule, see the Place of supply of services 鈥� the general rule, relevant business persons and belonging guidance note.What are intermediary services?Intermediary services in the context of the place of supply of services rules are characterised by making arrangements for a supply by or to another person.

TOGC 鈥� other related issues

TOGC 鈥� other related issuesThis guidance note looks at a number of issues associated with transfers of going concerns (TOGCs), specifically:鈥�the capital goods scheme (CGS)鈥�VAT registration entitlements / obligations鈥�VAT numbers鈥�transferring VAT records鈥�VAT groupsFor an overview of TOGCs more broadly, see the TOGC 鈥� overview guidance note.In-depth commentary on the legislation and case law can be found in De Voil Indirect Tax Service V2.226.How does a TOGC impact on capital goods scheme obligations?The CGS is covered generally in the Capital goods scheme (CGS) 鈥� overview guidance note. Broadly, it provides that for certain 鈥榗apital items鈥�, it鈥檚 necessary to monitor 鈥榰se鈥� over a period of time to ensure that the VAT recovery initially obtained reflects the actual use of the item over a period of time. For example, if a business bought a building from which to make fully taxable supplies, it could recover input tax in full. However, if the next year the business model changed to fully exempt, the full VAT recovery wouldn鈥檛 reflect the actual use of the building. This is why the CGS exists to the extent that the use of the capital items changes during that period, it will be necessary to make adjustments to VAT recovery (CGS adjustments).If a capital item is transferred as part of a TOGC, the new owner will be required to take over the CGS adjustments for any remaining intervals. Purchasers therefore must confirm with the seller whether any of the items are capital items for

Holding companies 鈥� setting up a management services arrangement

Holding companies 鈥� setting up a management services arrangementThis guidance note looks at some practical points that a holding company should consider when setting up a management services arrangement.When shares are acquired in a subsidiary (or subsidiaries), it is common for a holding company to be set up as an acquisition vehicle. Often this acquisition vehicle will decide to provide taxable management services to the subsidiary (or subsidiaries) in order to try to secure VAT recovery on the acquisition costs (such as professional fees).For an overview of VAT and holding companies generally, see the Holding companies 鈥� overview guidance note. See also the following guidance notes for discussion of some of the key principles associated with holding companies and VAT recovery:鈥�Holding companies 鈥� VAT status of activities鈥�Holding companies 鈥� is there a direct and immediate link?鈥�Holding companies 鈥� who is the recipient of the supply?鈥�Holding companies 鈥� VAT groupingPractical points 鈥� management services arrangementsFrom a VAT perspective, the

VAT registration 鈥� compulsory

VAT registration 鈥� compulsoryThis guidance note provides information relating to when a person is required to register for VAT on a compulsory basis. The VAT registration 鈥� voluntary guidance note provides information relating to when a person is entitled to register for VAT on a voluntary basis. The VAT group and divisional registration 鈥� overview guidance note provides information on VAT group and divisional registration. For detailed commentary on registration and deregistration, please refer to De Voil Indirect Tax Service V2.1.When may VAT registration be required on a compulsory basis?HMRC can issue an assessment for underpaid VAT covering a period of up to 20 years to a taxable person that has either not registered for VAT at all or not registered for VAT on time. This means that monitoring when and whether a compulsory registration requirement arises is an integral part of good governance. VAT registration may be required on a compulsory basis as a result of:鈥�supplies of goods which the supplier, or a predecessor, has claimed, or is intending to claim, a repayment of VAT鈥�taxable supplies by a person established in the UK鈥�buying in services from outside the UK鈥�relevant acquisitions of goods in Northern Ireland鈥�acquiring a business as a going concern鈥�taxable supplies by a person not established in the UKVATA 1994, Schs 1鈥�3AThe activities for which registration is required as a result of supplies of goods which the supplier, or a predecessor, has claimed, or is intending to claim, a repayment of

Barristers

BarristersThis guidance note covers the main VAT tax point rules that apply to barristers. For guidance on when a barrister may need to register for VAT, see the VAT registration and deregistration 鈥� overview guidance note. When do barristers need to account for VAT?HMRC introduced special tax point rules for barristers after reaching an agreement with the Bar Council and Faculty of Advocates. A tax point is the date when a business is required to account for VAT on a supply of goods and services. The business must ensure that VAT is accounted for on the VAT return covering the period in which the tax point occurred.The tax point for a supply of professional services by a barrister is the earliest of:鈥�the date the barrister received a fee for the professional services rendered鈥�the date the barrister issued a VAT invoice for the professional services provided, or鈥�the date the barrister ceased to practicePlease note that HMRC can grant permission to a barrister that ceases to trade to defer payment of the VAT due (see below).Barristers ceasing to tradeIf a barrister makes a decision to cease trading and, as a result, does not continue to make supplies which are liable to VAT, the barrister must cancel their VAT registration number. See the Cancelling a VAT registration number guidance note for more information. The barrister is legally required to notify HMRC within 30 days that the business is ceasing to trade. The barrister should complete and submit a VAT

Taxis and private hire businesses

Taxis and private hire businessesThis guidance note provides an overview of the VAT treatment of supplies made by taxi and private hire or mini cab businesses.VAT treatmentThe zero rate of VAT that applies to passenger transport in vehicles on journeys that take place wholly within the UK refers to supplies in vehicles that are designed to carry not less than ten passengers and supplies by a universal service provider. Taxi and private hire businesses do not qualify as a universal service provider and in most, if not all cases, the vehicles used are designed to carry less than ten passengers. The general effect is that a taxi or private hire business that is, or should be, registered for VAT, is required to account for VAT at the standard rate on its supplies of passenger transport. For information about the zero rate of VAT that applies to certain supplies of passenger transport, see the Liability - passenger transport guidance note.Taxi and private hire businesses may also receive additional income from the following sources (this list is not exhaustive):鈥�referral fees received from other firms鈥�fuel charges鈥�vehicle rental charges鈥�administration chargesIf the customer voluntarily gives a gratuity to the driver, the amount is not regarded as consideration from a VAT perspective, therefore no VAT needs to be accounted for on these amounts. The VAT due will be calculated on the taxable items by multiplying the fares, including extras, by the VAT fraction (currently 1/6 for items liable to VAT at