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VAT Memo - Preface
Preface. -VAT Memo is now in its 18th edition, giving you comprehensive coverage of this subject in the distinctive FL Memo style. VAT is an important business issue for most traders and evolves almost on a daily basis via legislation, case law, HMRC Briefs and other official material. -VAT Memo 2024-2025 has been fully updated to reflect changes in law and practice up to the date of the Budget (6 March 2024) and, as with all our Memo publications, we will keep you updated with the changes as they happen...Click here -
VAT Memo - Scope of VAT - Basic principles - 1000
This section aims to give a broad overview of the main principles behind the operation of the VAT regime. It provides an outline of the rationale and workings of the VAT system, together with the compliance and reporting requirements. Full details are contained in the respective relevant parts of -VAT Memo.Click here -
VAT Memo - Scope of VAT - Business activity - 2000
VAT is chargeable on supplies of goods and services made by taxable persons in the course or furtherance of a business. Business includes any trade, profession or vocation but is not defined any further. Certain specific types of transaction are defined by UK law to constitute business activities (¶2400) but most of the UK practice on business activities is derived from case law (¶2200+). If a trader undertakes a number of activities, the business activity test must be applied to each activity in isolation.Click here -
VAT Memo - Scope of VAT - Business activity - Statutory definition - Summary - 2400
The UK statutory definition of “business” covers the following specific situations or transactions which, if carried out in the course of a trade, profession or vocation, will constitute a business activity: Activity Comment ¶¶ The admission to premises for consideration Must be a compulsory admission fee (voluntary payments will not suffice) ¶2405 Services provided by an office-holder (as opposed to an employee) For example, a trustee or executor ¶2410 The provision of facilities by a club, association...Click here -
VAT Memo - Scope of VAT - What is a supply? - 3000
VAT is chargeable on a supply of goods or services made in the course of a business (¶2000+) in return for consideration. Such a supply is said to be “within the scope” of VAT. A supply that does not meet these conditions, or is otherwise designated as being outside the scope, is not subject to VAT. If a supply is within the scope of VAT, it is then necessary to determine whether it is a: - supply of goods or of services (¶3600+); and - single or a multiple supply (¶3900+).Click here -
VAT Memo - Scope of VAT - What is a supply? - Outside the scope of VAT - 3300
Certain transactions will be outside the scope of VAT, either because they do not meet the conditions for a taxable transaction (¶1065), or because they fall within one of the following categories: - supplies specifically defined in the legislation as supplies of neither goods nor services (¶3335); - the settlement of disputes (¶3365); - compensation or damages (¶3370); - supplies of inherently illegal products (¶3400); - the loss or destruction of an asset (¶3430+); - the issue of new shares by a company...Click here -
VAT Memo - Scope of VAT - What is a supply? - Supply of goods or services? - 3600
The distinction between a supply of goods (¶3630+) and a supply of services (¶3700+) is important because of differences in the law relating to: - place of supply (for goods see ¶3635, for services ¶85100+); - time of supply (¶10000+); - rate of VAT (¶13000+); and - recovery of pre-registration input tax (¶75170+). Particular rules apply for cross-border transactions to determine whether they are within the scope of UK VAT (¶80000+).Click here -
VAT Memo - Scope of VAT - What is a supply? - How many supplies? - 3900
Where a transaction is made up of a mixture of elements, such as the supply of two or more goods or services, or a combination of goods or services, it is necessary to distinguish between: - a single composite supply, where there is either: - a single supply made up of one main supply plus a number of ancillary, integral or incidental supplies; or - a single supply made up of several closely linked elements, which it would be artificial to split; and - a mixed supply, where multiple supplies are made (although...Click here -
VAT Memo - Scope of VAT - Exempt supplies - 5000
VAT is not chargeable on exempt supplies. A person making only exempt supplies cannot register for VAT. But if a person makes both exempt and taxable supplies in the course of business: - income from the exempt supplies does not count towards the value of taxable supplies for registration threshold purposes (¶90000); and - input tax incurred in the course of making the exempt supplies is irrecoverable, subject to certain de minimis limits (¶22600+).Comment This differs from zero-rated supplies, which do count...Click here -
VAT Memo - Scope of VAT - Exempt supplies - Common exemptions - Cultural services - 5440
Cultural services include the supply by a public body, or a non-profit-making organisation, of admission to: - a museum, gallery, art exhibition or zoo; or - a theatrical, musical or choreographic performance of a cultural nature.Click here
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