As the company is in liquidation bad debt relief can be claimed in full.



Similar documents
Penalty regime Trade with EU VAT Advice helpline: Adrian Houstoun Gail Pitchley Geraint Lewis Luke Webster

Corporation tax ( 329,080 x 26%) 85,561

1.3 What is the cash accounting scheme?

VAT guide should I register for VAT?

Studying Paper F6 Performance objectives 19 and 20 are relevant to this exam

2016/17 TO... GUIDE TO... GUIDE TO FOR ELECTRONIC USE ONLY

VAT guide for small businesses. VAT guide

Potential saving ( 286, ,040) 64,960

If you are VAT registered you must charge VAT on the products or services you sell.

VAT Refund Scheme for academies

RELEVANT TO ACCA QUALIFICATION PAPER F6 (UK) AND PERFORMANCE OBJECTIVES 19 AND 20

6.2. Return periods. March, June, September, December. April, July, October, January. May, August, November, February

CHAPTER III THE INCIDENCE, LEVY AND RATE OF TAX. 9. There shall be levied in accordance with the provisions of this Act,

VAT CHANGE OF THE STANDARD RATE TO 20 PER CENT: A DETAILED GUIDE FOR VAT-REGISTERED BUSINESSES

Before beginning your journey there are a number of things you will need to consider, with the most important being finance.

Setting up and Running a Limited Company

Running a limited company

A Guide to VAT

Paper F6 (UK) Taxation (United Kingdom) Tuesday 2 June Fundamentals Level Skills Module. The Association of Chartered Certified Accountants

TAX DIRECTIONS. What you need to know about GST

*Figures provided in question. 1 7

Section A 73,000 37, ,700 = 77,500 2 A 890, , , ,000 = 234, (6 + 3) x 110 = 990

TABLE OF CONTENTS. 1.1 What is Value Added Tax? How does VAT Work? The Collection of VAT on a fully Taxed Supply...

Self-Employment. Guidance Note GN4

Processing Value Added Tax (Schools)

Online Accounting Software VAT GUIDE

Guide to the VAT mini One Stop Shop

Most of the hard work of setting up and running a Limited Company is at the beginning of the process which Exceed will be able to assist you with.

Introduction to expenses One of the most common questions we get asked is what expenses can I claim through my limited company?

VAT Certificate Course

Elite Retirement Account

VAT (Value added tax)

Paper P6 (UK) Advanced Taxation (United Kingdom) Friday 7 December Professional Level Options Module

A For more about the records you need to keep, go to. Your name. Paul Smith. 1 Description of business. 2 Postcode of your business address

Tax-effective giving. made simple

Value Added Tax (VAT)

GLOBAL INDIRECT TAX. Thailand. Country VAT/GST Essentials. kpmg.com TAX

Tax Planning Checklist

Paper F6 (UK) Taxation (United Kingdom) September/December Fundamentals Level Skills Module. The Association of Chartered Certified Accountants

Paper F6 (UK) Taxation (United Kingdom) Tuesday 4 June Fundamentals Level Skills Module. The Association of Chartered Certified Accountants

Onshore Bond for Wrap Key Features

Credit Control and Debt Management Policy

ROYAL MALAYSIAN CUSTOMS GOODS AND SERVICES TAX GUIDE

Tax return for a non-resident company liable to Income Tax. Please read this page first. Company and correspondence details

International Portfolio Bond for Wrap Key Features

This guide explains the basics of how VAT works. It tells you where you can find more information and advice. On this page:

Buy-to-let guide about tax

Fundamentals Level Skills Module, Paper F6 (UK)

TAX TAX NEWSLETTER. July General Information on the Tax Implications of Carrying On Business in Trinidad and Tobago (T&T) Issues Discussed

VAT Guidance Accounting for VAT Version 2: February 14th, 2015

Information from your accounts

VAT for academies and free schools

21 Tax Saving Tips Tax & Accounts

TAX TABLES 2010/11. INCOME TAX 2010/ /10 Rates

VAT Guidance Accounting for VAT Version 4: November 1, 2015

How To Get A Building Tax Off A Building

Ministry Of Finance VAT Department. VAT Guidance for on the Treatment of Motor Vehicles Version 4: November 1, 2015

TAXATION OF INCOME FROM PROPERTY TAX YEAR 2013(1 st July 2012 TO 30 th June 2013) (SECTIONS 15, 16, 155 & 169)

International Bond Key features

Financial Service Division Operational Finance Unit. Council Tax Discretionary Relief Policy

Company Tax Return CT600 (2015) Version 3

Standard terms and conditions

Name of the firm Trade and tax. Address Deken van Baarsstraat 8-A. Remon Kums Tel. No.

FOR ELECTRONIC USE ONLY

Professional Level Options Module, Paper P6 (UK) 1 Kantar. Notes for meeting

Dispensing Doctors and VAT Registration: How and when to register; taxable or exempt supplies; VAT recovery and what records need to be kept.

Fundamentals Level Skills Module, Paper F6 (RUS) ((3,250 1,700) + (3,350 1,750) + (3,450 1,800) + (3,550 1,850)) = 6,500/4 = 1,625 RR

TUITION FEES POLICY. 1. Purpose Background Scope Principles... 2

Application form. Application Checklist. Application process. Eligibility criteria. Energy Saving Scotland Small Business Loans

In this month s enews we report on key announcements made in the Pre-Budget Report.

Buying and selling an unincorporated business

ACCOUNTING SOFTWARE GST COMPLIANCE

Prescribed form for the registration under VAT- Form A1 with Annexure Prescribed form for the registration under CST- Form A

Paper 7- Direct Taxation

PROFESSIONAL SERVICES

Address Bedrijvenzone Machelen Cargo Machelen. Taxe sur la Valeur Ajoutée (TVA) or Belasting over de Toegevoegde Waarde (BTW)

Professional Level Options Module, Paper P6 (UK) 1 Jodie

Cancelling your VAT registration

DEBT RECOVERY POLICY

ROYAL MALAYSIAN CUSTOMS

Fundamentals Level Skills Module, Paper F6 (HKG)

PST-5 Issued: June 1984 Revised: August 2015 GENERAL INFORMATION

Code of Practice 9 (July 2011)

CHAPTER II INCIDENCE AND LEVY OF TAX

Back to Basics How to Avoid Costly VAT Compliance Mistakes

Selected Investment Funds. Terms and Conditions Effective Date 6 April 2016

GLOBAL INDIRECT TAX. Netherlands. Country VAT/GST Essentials. kpmg.com TAX

Individual Savings Account Supplementary Terms

METLIFE EXCEPTED GROUP LIFE POLICY TECHNICAL GUIDE

Use these notes to help you fill in the Self-employment (full) pages of your tax return

THE GHC FOUNDATION SIPP

Notes to help you apply for VAT registration checklist where to send your application Glossary About Corporate body the business

Appendix 1. This appendix is a proposed new module of the DFSA Rulebook. Therefore, the text is not underlined as it is all new text.

Stamp duty land tax (SDLT) is payable by the purchaser on land transactions. Stamp duty is a charge on:

There is help on form VAT1 itself but these notes provide extra help with some of the questions.

London Borough of Sutton. Corporate Debt Recovery Policy

Paper P6 (UK) Advanced Taxation (United Kingdom) Friday 5 December Professional Level Options Module

Section 1. INTRODUCTION Page 1. Section 2. ISSUING ACCOUNTS Page 2. Section 3. INTERNAL DEBT Page 5. Section 4. FOLLOW UP PROCEDURE Page 7

Statement of Practice on penalties for incorrect returns

David Jones Storecard and David Jones American Express Card Member Agreement, Financial Services Guide and Purchase Protection. Terms and Conditions

Transcription:

Part 1 Question 1: A) Fleming Limited As the company is in liquidation bad debt relief can be claimed in full. Amount reclaimable = 20% x 560 = 112.00 B) Williams Plc The invoice is over six months old therefore Jagger can claim relief on the VAT element of the outstanding balance. Amount reclaimable Total invoice value 1,140 Payment on account (480) total 660 VAT element of 660 = 110 Bad debt relief = 110 c) Norfeld VAT status of Norfeld is irrelevant, invoice is over six months old and can be written off in full. Bad debt relief = 160 x 20% = 32 Total bad debt relief claimable = 112 + 110 + 32 = 254 Question 2: 1. Export Notification 2. Written Order Confirmation 3. Certificate from purchaser detailing goods whereabouts 4. Shipping notification Question 3: Treatment of going concern: 1) Business must continue in a similar state to which it is currently being operated. 2) Transferor must be VAT registered, and transferee must also be registered or become registered as a result of the transfer 3) There should be no break in trade between transfer 4) Transferee may take the VAT registration number of the current business but will take any history with it Question 4:

1) Architect Architect fees are standard rated for VAT purposes. VAT 1994, Sch8, Group 5 states architect as falling outside zero rating 2) Sale to associate Sale of first grant is to Associated Company. This is a dwelling and will be zero rated. The associate company will let the home. This will be grant of leasehold and will be exempt. 3) Conversion work Conversion is a dwelling into multiple dwellings is reduced rate. If the building is a Listed Building it will be Standard rated. 4) Renovation of Home If the house has not been lived in for more than two years, any renovations will be subject to VAT at reduced rate. (VAT 94, Sch7a, Group 7) Question 5: Advantage: 1) Easy to administer Disadvantage: VAT reclaimable may be lost as a result of lower % Question 6: a) VAT is due deemed supply - 0.90 b) VAT is not due stolen property Nil c) Gift to consumer VAT is due on the deemed supply - 100 Question 7: 1) Coffee beans Zero rated (VAT 94, Sch8, GP1 items overriding exception) 2) Sparkling water Standard rated part of catering

3) Heated pie Standard rated this is classified as catering as it is meant to be consumed hot. 4) Sandwich Zero rated not consumed on premises therefore not classified as catering Question 8: a) Motorcycle: - Used solely for business use - Not a car - VAT reclaimed in full = 1,600 b) Rental of car: Rental costs are redeemable = 116 c) Fuel for business use: Reclaimable as VAT receipt attached = 10 d) Van for private use: Not reclaimable as for private use only = nil Total = 1,726 Question 9: 1) Late payment of VAT - error on VAT return 2) Reasonable grounds for mistake Question 10: a) Exempt b) STD rated c) STD rated d) Exempt Question 11: 1) German customer B2B customer, with no VAT registration will be treated as a B2C customer for VAT purposes. Consumers (B2C) are liable for VAT at the rate where the supply was made from.

VAT will be charged at UK rates of VAT. 2) Charities Charities are VAT registered establishments. VAT chargeable at UK rates. 3) USA USA is not within EU and therefore falls outside the scope of UK VAT. No VAT is chargeable on these supplies. 4) Australia/Milan Services are supplied to wherever the beneficiary resides. In this case it is Milan not Australia. Providing Milan provide the VAT registration they will be charged no VAT (B2B). They may be liable to reverse charge in Milan. Question 12: a) Irrespective of whether the invoice is paid on time or not, the VAT is calculated on the discounted rate. Price of packets 4,500 VAT @ 20% 900 total 5,400 Output VAT declared = 900 Customer would pay 5,000 + 900 = 5,900 b) Discount is dependent on future sales. They have made no further orders. The discount will not apply. If they make further orders a credit note can be raised and the items re-invoiced at discounted rate. Output VAT = 20% x 2,900 = $580 Question 13: VAT Grouping: Advantage: 1) Easier to administer 2) No VAT chargeable on group transactions Disadvantages: 1) If one company ceases, others become liable for any VAT due. 2) Partial exemption calculators required if any company makes exempt supplies

Part 2 Question 1: Ashworth Ave Co Company Address 6 th November 2013 Hariet March Address Dear Hariet, I am writing with regards to your recent enquiry regarding VAT for your business. I understand you have little knowledge of VAT so I trust the following will assist in your understanding. Registration for VAT: You are liable to register for VAT when your taxable supplies exceed the threshold for registration. This threshold is currently 77,000. There are two ways of determining this; historical test and future test. Under historical test we look at the turnover achieved in the last 12 months. You have made 60,000 and have failed this test and do not need to register. The future test looks at income to be made in next 30 days. In October you are going to make only 20,000 on the commission. You therefore still do not need to register. Delivery of the commission will take place in January 2014, and revenue in this time will exceed the threshold. You will need to register by end of January 2014 and charge VAT from 1 st February. You may wish to consider registering voluntarily. If you do so you will need to charge VAT from that date. No VAT will be due on the commission. Time of supply rules: The basic rule for supply is the date on which the goods are dispatched. If you receive any monies before this date, or issue an invoice the basic tax point is overridden and becomes date of receipt/invoice. If the basic date has not been overridden then if an invoice is issued within 14 days of basic date, the invoice date becomes the tax point. Deposits from galleries: Deposits are treated separately from the actual purchase of the item. The deposit constitutes a sale and VAT should be charged on this. Tax point for deposit will be date payment is received. If goods are returned, a credit will be raised for the deposit. Output tax will be reclaimed.

If goods are sold, an invoice will be raised with a credit for the deposit. Output tax on the sale will be reduced by output tax on deposit. If goods are damaged, no refunds are given and output tax has already been accounted for. Cash accounting: Cash accounting means you only pay VAT or reclaim VAT at the point payment is made. This improves cash flow of the business, especially if customers are poor payers as you have noted regarding the commission. In order to register for the scheme your annual turnover must be below 1,350,000. I trust this helps clarify your queries but should you require anything further please do not hesitate to contact me. Yours faithfully Tax Advisor Appendix 1 June 15,000 July 15,000 August 15,000 September 15,000 October 20,000 80,000 Assumption: By receipt I have assumed you mean incurred. If you meant customers did not pay until then the 60,000 may need to be attributed over a 12 month period. Even so if this was the case, 11 months to September = 11/12 x 60,000 = 55,000 October = 20,000 75,000 Question 2: Memorandum: To: Lewis Hal From: Tax Manager Date: 6 th November Subject: Alice Fletcher Lewis, I have read through your notes regarding Alice Fletcher and my comments are as follows: VAT Liability of Supplies:

Personal Tuition:- VAT 1994/Sch9 states that private tuition is exempt for a subject ordinarily taught in school. Alice is teaching business French and German so I would say this falls outside of this and will therefore be subject to VAT at standard rates. Text books:- If the books are sold separate to the course they will be zero rated (VAT94, Sch8). If they are included within the price of course they will be deemed a single supply and will become standard rated. Language DVD s:- DVD s are not listed in either VAT94, Sch 7a, 8 or 9. These would therefore be standard rated. Business Premises:- The grant of a leasehold in a commercial building is exempt. No VAT is due on rent. Alice may opt to tax the part of the building. In doing so she will need to charge VAT at standard rate. She needs to consider potential tenants as if they are not VAT registered they will be unable to claim VAT back. Reclaim VAT:- Alice is making taxable supplies. She can therefore claim input tax back on purchases. If any supplies are exempt, such as rent or courses (if treated as taught at schools), she will be required to calculate VAT on a partial exemption basis. Pre-registration expenditure:- Vat can be reclaimed on goods purchased within four years prior to registration, or six months for services. a) computer and printer: VAT can be claimed in full ( 200 = 1,000 + VAT 20%) b) Legal advice: Constitutes services and is prior to six month deadline. No VAT reclaimable. c) Language DVD s: As the goods have been resold, Alice would not be able to reclaim VAT on 60 of them. The remaining 15 can be reclaimed as VAT will be chargeable on these when sold. Input tax reclaimable = 15x4x20% = 12 d) Marketing: Corporate entertainment of clients is blocked and so no VAT can be reclaimed on this expenditure. If you need any further clarification please let me know. Tax Manager

Question 3: 1) Quarter ending 30.06.12 Taxable supplies = 12,000 Exempt supplies = 5,500 % taxable = 12,000 12,000 + 5,500 = 68.57 = 69% Non attributable purchases = 15,000 -> taxable element = 69% x 15,000 = 10,350 exempt element = 4,650 Taxable purchases = 7,000 + 10,350 = 17,350 VAT = 17,350 x 20% = 3,470 Exempt supplies VAT = 4650 x 20% = 930 Exempt Supplies VAT is De Minimis as it is less than 625 per month ( 1,875/Qtr) VAT can be reclaimed on both STD and exempt supplies. Input VAT reclaimable STD rate 3,470 Exempt 930 4,400 Quarter ending 30.09.12 Taxable supplies 10,000 Exempt supplies 5,500 % Taxable = 10,000 10,000 + 5,500 = 64.5% = 65% Expenditure Taxable = Stock 8,500 = Overheads 35% x 14,000 9,100 17,600 Exempt = Locker room 5,000 = Overheads 35% x 14,000 4,900 9,900 Tax due on taxable = 17,600 x 20% = 3,520 Tax due on exempt = 9,900 x 20% = 1,980 This is not De Minimis as over the quarterly threshold. Only taxable input tax reclaimable = 3,500

Quarter ending 31.12.12 Taxable supplies 15,000 Exempt supplies nil -> 100% taxable -> input tax reclaimable on 22,000 @ 20% = 4,400 Quarter ending 31.03.13 Total taxable supplies for the year = 52,000 (12,000 + 10,000 + 15,000 + 15,000) Total exempt supplies for year = 56,000 (5,500 + 5,500 + nil + 45,000) % taxable supplies = 52,000 52,000 + 56,000 = 48.15% = 49% Taxable purchases = 7,000 + 8,500 + 9,000 + 8,000 = 32,500 Exempt purchases = nil + 5,000 + nil + nil = 5,000 Non attributable purchases = 15,000 + 14,000 + 13,000 + 12,000 = 54,000 Non attributable split between: Taxable: 49% x 54,000 = 26,460 Exempt: 51% x 54,000 = 27,540 Tax on taxable supplies = 20% (26,460 + 52,000) = 15,692 Tax on exempt supplies= 20% (27,540 + 56,000) = 16,708 Exempt supplies are not de minimis as exceed the limits. Input tax claimable for year = 15,692 Claim in quarter: 1 = 4,400 2 = 3,520 3 = 4,400 4= 3,372 Total 15,692 2) 1) Was he provided with sufficient information to be able to calculate these. Question 4: 1) Failure to notify: As Michael as failed to notify he will incur penalties as follows: Max Deliberate and concealed 100% Deliberate and not concealed 70% Any other case 30%

It would seem he has not deliberately tried to avoid registration so the max penalty would be 30%. This can be reduced to minimum penalties as follows: Prompted Disclosure Unprompted <12 months 10% 0% >12 months 20% 10% Michael notified HMRC within 12 months. This was unprompted. His penalty therefore will be between 0 and 30%. Penalty based on lost revenue: 1 st Feb 31 st Oct = 9,500 x 9 months = 85,500 VAT on this = 17,100 Penalty will be maximum of 30% x 17,100 = 15,130 2) Mitigation: VAT 994, S70 1. Michael may lodge an appeal or go to tribunal to reduce the penalty 2. If HMRC commissioner has already reduced penalty, a tribunal may overule this reduction 3. Tribunal cannot take account of: a. insufficiency of funds b. no significant loss of VAT c. acted in good faith 3) Reasonable excuse: Reasonable excuse means Michael has taken every step to determine whether or not he is liable for VAT. He has spoken about the overseas treatment so this would go in his favour that he has looked into the matter. Cash flow issues does not warrant a reasonable excuse. The record of VAT from customer will not constitute a reasonable excuse for not paying the penalty. 4) If he had not applied for VAT this would constitute a deliberate failure to notify. Penalties would be determined as follows: Prompted Unprompted Max Min Min Deliberate, concealed 100 30 50 Deliberate, not concealed 70 20 35

5) If Michael refused, this would be tax evasion. Tax evasion is illegal. i) report matter to money laundering ii) continue to act as this would constitute a tip off iii) not tell Michael that he was under investigation 6) Must not disclose any personal data to anyone but individual or person they have authorised to act on behalf. This includes: a. address b. financial data Must provide to police, HMRC if requested to do so.