HMRC have just published Revenue & Customs Brief 8: change to partial exemption VAT payments. This affects businesses who supply goods by way of hire purchase agreements.

The basic rule for VAT is that input tax which is directly attributable to exempt supplies is irrecoverable unless you are a Partially Exempt business and you satisfy specific 'de minimis' rules.

The new brief explains HMRC’s suggested method for apportionment of VAT incurred on overheads following the legal judgment C-153/17 Volkswagen Financial Services (UK) Ltd.

VWFS, a finance house, provided credit to customers who wanted to purchase a vehicle. It operated by purchasing the car from the dealer at the same time as providing the car with finance to the customer, making all its profit from the exempt supply of credit. The question was how much VAT could be recovered on overheads.

The Court of Justice of the European Union (CJEU) held that:

    • VWFS’s overhead costs were a component of the overall supply of goods, by way of a hire purchase agreement.
    • There is a right to recovery even when the overheads are only set against the exempt element for costing purposes.
    • A member state cannot exclude the value of the goods in a values-based apportionment method, as that method would be less accurate than the standard method.

HMRC’s view is that a business supplying goods on hire purchase should be allowed input tax recovery on its overheads where the recovery is fair and reasonable. It does not follow that the recovery will simply be fifty-fifty. Recovery rate will vary according to the type of hire purchase agreement being provided and the specific arrangements in place.

Links

VAT & Partial Exemption
How do you calculate the amount of input tax you can recover under the VAT partial exemption rules? What are the de minimis rules?

VAT Toolkit
This is our summary version of HMRC's output and input VAT toolkits, our version includes more detail, topics and planning points.

Starting in business: start here
Starting in business? This FREEVIEW 'At a glance' guide takes you through the key steps in getting started for tax, with links helping you drill down for more detail.

External links

R & C Brief 8 change to partial exemption VAT payments

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