Supplies outside the Scope of UK VAT & VAT Recovery

Supplies outside the Scope of UK VAT & VAT Recovery

Vehicle Control Services Ltd appealed against the First-Tier Tribunals decision, which stated that it is necessary to apportion input VAT on general overheads when supplies that are outside the scope of UK VAT are made with input VAT attributed to these supplies being irrecoverable. In this instance, in addition to making taxable supplies of parking services, the taxpayer issued parking charge notices to motorists and the income generated was determined to be outside the scope of UK VAT.   

Under UK VAT legislation, input is only recoverable to the extent it relates to the provision of onward taxable supplies and when a business makes supplies which are not liable to UK VAT, input VAT incurred must be attributed with respect to supplies made in order to determine the amount that is recoverable.  In this case the decision of the First-Tier Tribunal was maintained and thus it was determined that the taxpayer was obliged to restrict VAT recovery in order to reflect the non-VATable income that it generated following the issue of parking charge notices. In order to determine whether your business will be required to make apportionments of this nature, and if so, the method that should be applied to these calculations, please call our free VAT helpline today.

Related posts

Place of supply of services

A case was recently heard by the Upper Tribunal relating to the place of supply of services made by the Appellant, Mandarin Consulting Ltd, who provided career coaching to students of Chinese origin.

D.I.Y Builders Scheme

Mr Smith, the Appellant in this instance, converted a barn adjoining his property into living accommodation for which planning permission was obtained. In 2007, when 60% of the work had been completed, Mr Smith became aware that he may be able to recover the VAT element of the costs incurred in the course of converting the barn by way of the DIY builder's scheme and a claim was subsequently submitted.

Input Tax Recovery - Intending Trader

The VAT recovery position of intending traders has formed the basis of several court decisions in recent times, and this was again addressed in the case of Hedge Fund Investment Management Ltd (“HFIML”), heard by the First-Tier Tribunal. HMRC had raised an assessment in relation to input tax recovered by the business, on the basis that there was no link to any taxable economic activity. Furthermore, a penalty assessment was raised in relation to the recovery of this input tax for careless behaviour.