Thursday, September 23, 2010
Holiday blog, September 2010
Saturday, August 07, 2010
Registration Limits for UK VAT from 1 April 2010
The VAT registration limits changed on 1 April 2010. If you want to know what the VAT registration limits are in the UK you can find them on my blog.
Sunday, March 07, 2010
Sponsorship - can it be zero-rated as charity advertising?
I had a 'phone call recently from a charitable organisation that was intending to give another charitable body a grant with which to buy vehicles. The intention of the grant giving organisation was to require the recipient to put certain logos on the vehicles to indicate that they had been funded by the organisations providing the money. By putting this requirement into the contract with the recipient organisation there seemed to be a danger that this could make the transaction liable to VAT. That VAT would have to be charged by the recipient but would be unrecoverable by the giver - so either the recipient lost out by about 15% or the donor had to find another 17.5% to fund the VAT. Neither answer was particularly good.
In this instance the advice given was simply to remove the clause that imposed an obligation on the recipient to do anything in return for the grant. Most recipients would be happy to make it clear who had provided the funds for the purchase of the goods, in this case vehicles, without it being obliged to do so. One of the potential recipients of the grant then contacted me to discuss whether the grant would, if the obligation to put the logos on the vehicles was retained, be zero-rated as paying for the supply of advertising to a charity.
Criteria for zero-rating
There are a number of criteria that have to be met for charity advertising to be zero-rated. H M Revenue & Customs (HMRC) set out these criteria in the VAT Notice 700/58. In summary, the criteria are:- The advertisement has to appear in a medium that is available to the 'public'
- The advertisement has to occupy someone else's space or time, i.e. the advert cannot be on the charity's own web site, magazine, etc.
What is sponsorship?
Good question, I'm glad you asked... Sponsorship is when one person agrees to support another either by giving goods, services and/or money. If the sponsor obliges the recipient to do something in return, e.g. name an event after the sponsor, or show the sponsor's logo on event materials, there is a supply of services by the recipient to the sponsor. This supply is generally a taxable supply, liable to VAT at the standard rate (17.5%) for supplies within the UK. A different VAT treatment might apply if the supply is to a charity outside the UK. Whether sponsorship can be a single supply of advertising will depend on the terms of the agreement between the parties involved. If the agreement, for example, only requires that the sponsor's logo appears prominently on relevant event notices, leaflets, advertising, etc. then there is possibly just a single supply of advertising.So, can advertising by a charity be zero-rated as part of a sponsorship deal?
Possibly. It depends on the facts of the situation. HMRC might argue that just using a logo in this case was insufficient for it to be clear who was doing the advertising. Whilst it would be possible to successfully challenge HMRC's argument the costs involved might make that action commercially unsound. In this case I thought it was too risky for the donor organisation to have a clause obliging the recipients to put the logos on the vehicles. The risk was that the recipient might have to charge VAT at the standard rate and that would mean either the donor had to find the extra money or the recipient in effect had less to spend. The best thing to do? Seek professional advice. Give the adviser the full facts. Yes. All of them; leave nothing out. That will protect you from penalties for not taking reasonable care.Friday, February 26, 2010
Paying VAT by cheque? You'll need to get the cheque in much earlier...
Tuesday, February 23, 2010
Time limits for keeping VAT records
After that post, I was asked if that meant that the time limits for keeping records had been reduced from six years. I was unable to answer that question then, but HMRC has again come to my rescue by issuing some guidance on how long papers need to be kept. The bad news is that nothing in their guidance has really changed.
You can download the HMRC guidance from its website. For more specific guidance on VAT you can find it on HMRC's website here.
What do you think? Given that for direct tax the time limits have been reduced, and for VAT they've been increased, should the time one has to keep records for be brought into line with the new rules?












