VAT Flashcards

1
Q

What is Value added tax?

A

It is indirect tax charged on goods and services

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2
Q

Direct vs indirect tax

A

direct: on earnings
indirect: on consumption

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3
Q

Rate of VAT

A

20%

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4
Q

Who pays VAT

A

everyone. individuals and companies

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5
Q

What does it mean to be VAT registered?

A

if one is registered, VAT paid can be recovered
if that good will be used in business

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6
Q

who cannot recover VAT paid?

A

final consumer.

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7
Q

3 heads of goods and services

A

1) standard rated supplies (taxable-VAT is recovered)
2) 0 rated supplies (taxable-VAT is recovered)
3) exempt supplies (VAT is not recovered)

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8
Q

what are standard rated supplies

A

those finished goods and services on which tax dept allows recovery of VAT on raw material and requires charging of VAT on sale of finished goods & services

all goods and services which do not fall in category of zero rated and exempt, are classified as standard rated

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9
Q

what are zero rated supplies?

A

those finished goods and services on which:
-recovery of VAT on raw material
-no VAT charged on sale

in this category goods and services get cheaper
it includes:
1-medicines
2-basic food
3-residential and charitable land and buildings
4-children clothes and footwear
5-education material
6-exports

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10
Q

what are exempt supplies

A

those finished goods and services in which
-no recovery of VAT on raw material
-no VAT to be charged on sale

includes:
1- commercial land and building
2- postal services
3- accounting services

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11
Q

transactions related to land and building

A

-Residential & Charitable land and building are classified in zero rated category
-Commercial land and building (office, factory, etc) is classified as exempt. however may be standard rated in some situations

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12
Q

when is commercial land and building classified as standard rated?

A

-during construction period and uptil 3 years after finishing construction.
after this it gets transferred to exempt category

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13
Q

VAT recovery depends on…

A

whether land & building is used for taxable supplies (standard rated or zero rated) or not

if yes, then VAT will be recovered

if exempt supplies are made or its rented out, then VAT will not be recovered

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14
Q

how can VAT be recovered in case land and building is used for exempt purpose?

A

business can make an election called as opt to tax
then the land will be considered as used for taxable purpose.
VAT will now be recoverable but
VAT will now also need to be charged from customers on sale or rent.

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15
Q

Opt to tax election - pros and cons

A

Pros:
good for those business whose customers are VAT registered.

cons:
-if customer not VAT registered, then they wouldnt be interested in buying/renting your property due to VAT charge
-once election is made, it can be revoked in the first 6 months (for mind change), after which it will become binding for 20 yrs

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16
Q

what is partial exemption rule

A

if a business deals in both taxable (standard and 0 rated) and exempt supplies then VAT paid in relation to taxable supplies will be recoverable but not recoverable on exempt supplies

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17
Q

if any VAT is paid on unattributable activities (like head office) not specifically related to taxable or exempt head

A

that VAT will be allocated according to % of taxable supplies made during that period

always round up this % (for taxable supplies only, dont round up exempt, we want taxable to be higher)

like 60.2% should be 61%

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18
Q

what is the deminimis test

A

if a business passes any of the 3 deminimis test, it can recover its total VAT (taxable +exempt)

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19
Q

deminimis test # 1

A

2 conditions

a) total input VAT is less than 625 per month
b) exempt supplies should be less than 50% of total supplies

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20
Q

deminimis test # 2

A

a) Total input VAT less directly attributable input VAT to taxable supplies is less than 625 per month
b) exempt supplies should be less than 50% of total supplies (part b is same as test1)

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21
Q

deminimis test # 3

A

a) Exempt VAT should be less than 625 per month
b) Exempt VAT should be less than 50% of total VAT.

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22
Q

when is VAT recovered during tax year

A

VAT recovery is filed at every quarter end, and a final annual adjustment is also made at end of year
any over/ under recovery is adjusted in annual adjustment

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23
Q

what happens if you pass the annual demininis test?

A

annual working of demininis test is carried out during annual adjustment, and if passed:
-total VAT of current year is recovered
-total VAT recovery in next year quarters IF expected annual input tax of next year is less than 1 million
(this will then be adjusted during next year annual adjustment. eg. if failed test in annual adjustment, VAT recovered during the yr will have to be returned)

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24
Q

having to calculate % of taxable supplies at each quarter is difficult, what to do?

A

tax dept allows us to just calculate % of taxable supplies annually and use that % in upcoming quarters.
annual % of previous year will be used in quarter of current year

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25
Q

if i buy a non current asset and pay VAT on its purchase, and i use it to make taxible supplies, how will VAT be recovered?

A

VAT will be recovered in first year according to the % of taxable use in first year.

then taxable use will not be monitored except for 2 assets:
-land and building worth more than 250,000 (monitored for 10 yrs)
-computers worth more than 50,000 are monitored for 5 years.

if taxable use changes during monitoring period, yearly recoveries/payments will be made.

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26
Q

how will yearly adjustment be calculated for assets whose taxable use is being monitored?

A

VAT paid initially / monitoring years (5 or 10) * ( taxable % in current year less taxable % in initial year)

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27
Q

what if asset is sold during monitoring period?

A

same as normal yearly adjustments
in year of sale adjustment will also be done
then sale adjustment will be made at lower of:
a) VAT paid on purchase/ monitoring years *remaining years * (100%/0%- original%)

100% will be used if VAT is charged on sale
0% will be used if VAT is not charged

b) VAT charged on sale

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28
Q

if a business gets registered for VAT

A

it can recover VAT paid
now required to charge VAT on its sales

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29
Q

two types of VAT registeration

A

1- compulsory
2- voluntary

30
Q

who is required for compulsory registration

A

if taxable supplies exceed 85,000 per year, VAT registration is compulsory.

either of the 2 tests must be satisfied:
historic test
future test

31
Q

what is the historic test

A

-taxable supplies of the past year exceed 85,000/yr
-check at end of every month
-register within 30 days of passing this test, or registration will be deemed (assumed) at the end of 30 days

32
Q

what is future test

A

taxable supplies of previous 11 months and next 1 month budgeted exceed 85,000/yr
-this test also check every month
-register immediately or registration will be deemed.

33
Q

who is exempt from compulsory registration

A

businesses dealing in zero rated supplies, even if 85k limit exceeds.
they are allowed for voluntary registration (to recover VAT paid)

34
Q

what is disaggregation

A

tax avoidance technique
people split their business into small parts to avoid registration limit.

35
Q

what has tax department done for disaggregation

A

Tax dept can make a reaggregation order and require VAT registration

reaggregation is made on the basis of strategic, operational and financial dependancy of each part on each other

36
Q

why may a business register voluntary

A

-dealing in zero rated supplies
-target customer is VAT registered
-necessary for that business activity (eg. export business)
-willl be able to recover VAT paid
-wont have to review compulsory registration limit annually

37
Q

disadvantages of VAT registration

A

-increased administrative burden -increased SP for unregistered customer
-risk of penalties

38
Q

can VAT paid prior to registration be recovered?

A

yes
for goods:
1- purchased for business
2- bought within 4 yrs prior
3- present at time of registration

services:
1- purchased for business
2- purchased within 6 months prior to registration

39
Q

how does Group VAT work

A

companies having a common parent (50%shareholding) can get registered for VAT as a single group
-single VAT return for whole group saving admin costs
-No VAT on intra group transactions
-Diminimis test will get applied at group level

40
Q

is group registration mandatory

A

no

41
Q

disadvantage of group registration

A

-penalty on whole group if one sub makes mistake
-whole group may fail demininis test due to exempt supplies of 1 sub

42
Q

if a company has multiple business divisions unrelated to each other, and merging VAT returns is difficult

A

separate VAT returns allowed for each business division

conditions:
-each division should be a separate business
-merging returns is difficult
-all division returns should be filed together
-sales between divisions shall be ignored
-VAT registration, deregistration and partial exemption rule will apply on company as a whole, not on each division

43
Q

What happens if a business deregisters for VAT?

A

-no recovery of VAT paid
-no charging of VAT on sales
-at time of deregistration, VAT is payable on MV of all SR supplies held as if they are sold. This is waived if less than 1000.

44
Q

voluntarily deregistration can be done if

A

if taxable supplies of next 12 months are expected to be less than 83,000

45
Q

deregistration is compulsory when

A

within 30 days of business ceasing to do business of taxable supplies

46
Q

VAT implication on sale of ceased business

A

-if business is ceased then sold, rules of deregistration will be followed.
-on ceasing, deregistration is compulsory
-on deregistration, VAT will be payable on MV of all SR supplies in holding
-less than 1000 will be waived
-no VAT after deregistration

47
Q

VAT implication on sale of ongoing business

A

VAT is charged on sale of ongoing business
however if it qualifies as TOGC (transfer of going concern) business then NO VAT will be charged

48
Q

TOGC rules

A

-business is sold as going concern (expected to continue in the foreseeable future)
-buyer intends to continue that business as going concern without any significant change or break
-buyer should be registered for VAT

49
Q

VAT implication if goods are sold outside UK (export)

A

this transaction will be zero rated (VAT recovered, but not charged)

50
Q

VAT implication if goods are imported to UK from abroad

A

VAT is payable on port before release of goods
If customer is VAT registered, it can be recovered later

51
Q

VAT implication if services are taken from overseas

A

-If customer is VAT registered, VAT will be assessed (paid and recoered) in customer country
-If customer is unregistered (normally consumer) , VAT will be paid in supplier country

52
Q

what are VAT accounting schemes

A

introducted for small businesses
who dont have resources to maintain proper VAT maintenence

3 schemes are:
-cash accounting scheme
-annual accounting scheme
-Flat rate scheme

53
Q

what is cash accounting scheme and its benefits?

A

VAT is charged on cash basis (normally VAT is on accrual basis)

benefits:
-improved cash flow
-no refund issues in case of bad debt

54
Q

requirements to enter into cash accounting scheme?

A

-taxable supplies should be less than 1,350,000 per year
-once scheme is joined, it can continue uptil limit of 1,600,000 taxable supplies per year
-no default should have been done in relation to VAT in the past (clean compliance record)

default means late, inaccurate or non payments

55
Q

what is annual accounting scheme?

A

normally VAT is filed at end of every quarter, however if this scheme is joined, VAT will only have to be filed at end of each year.

56
Q

benefits of annual accounting scheme

A

save admin burden and cost

57
Q

how is VAT payment done during the year if annual accounting scheme is entered

A

VAT will be paid according to previous year VAT.
return will be made in end when over/ underpayment will be settled

it can be paid in 10 monthly installments or in 4 quarterly installments

58
Q

10 monthly installments will be paid how

A

Prev yr VAT /10 = per month installment

payments will start in 4th month of accounting year

payments will continue till 14th month
in the 14th month final adjustment will be made

final adjustment=
actual VAT less VAT already paid in installments

59
Q

quarterly payments will be made how

A

previous year VAT/ 4 = quarterly amount

payments will start in 4th month
then in 7th month
then 10th month
then 14th month (not 13th)
final adjustment= actual VAT less VAT paid

60
Q

conditions for annual accounting scheme

A

1- taxable supplies should be less than 1,350,000 pounds per yr
2-once scheme is joined, it can continue uptil limit of 1,600,000 taxable supplies per year
3-no default should have been done in relation to VAT in the past (clean compliance record)

61
Q

what is Flat rate scheme

A

all VAT rules are ignored, a single rate of VAT is given which has to be applied on total revenue
-no concept of type of supplies, input tax, etc

62
Q

on what basis is flat rate decided in this scheme

A

based on net VAT paid by industry on average. normally it is 14%
in first year of scheme, flat rate is discounted by 1%

63
Q

conditions for flat rare scheme

A

1- total revenue should be less than 150,000/ year
2- if total revenue exceeds 230,000 then scheme should be left
3- No VAT default should exist in the past

64
Q

VAT on entertainment expenses

A

cannot be recovered unless the entertainment is for employees OR for overseas customers

65
Q

VAT on gifts

A

cannot be recovered
except the following:
-gift is a sample
-gift is worth less than 50 pounds
-gift is made to overseas customer

66
Q

VAT implication in case of bad debt

A

can be recovered if following conditions are satisfied:
-Debt is written off in FS
-6 months have passed after due date
-Claim should be within 4 yrs of VAT paid

67
Q

VAT return and payment due date

A

1 month and 7 days after each quarter

68
Q

Late filing (submission) penalties

A

points based system
penalty point is incurred each time a VAT return is submitted late
after 4 points, 200 pound penalty is charged
after that each penalty point will incur 200 pound penalty
penalty points normally expire after 2 yrs however they wont expire if threshold has been reached (4 points)

once penalty threshold is reached, a business has to submit VAT returns on time for the next 4 quarters for their penalty point to be reset to 0

69
Q

Late PAYMENT penalties

A

-each late payment is considered separately
-no penalty charged if paid within 15 days of due date
-2% penalty charged if paid within 16-30 days
-4% penalty if paid later than 30 days
-daily penalty at annual rate of 4% 94%/365= 0.011% per day) is charged beginning after the initial 30 day period

late payment interest will also be charged.
interest rate is same as underpayment interest rate (give in exam)

70
Q

late payment and late submission penalties will not be charged if…

A

reasonable excuse

eg. unexpected hospital stay

insufficient funds is not a reasonable excuse

71
Q

errors in previous VAT returns

A

if identified by tax payer:
change in next return if error is of less than 10,000 pounds or 1% of turnover (max 50,000)

for greater amount errors, separate return is filed on which interest is applied

if error is discovered by HMRC:
penalties will apply

72
Q
A