Ten VAT considerations for Academies
Ten VAT considerations for Academies
1. Business/non-business splitIs your academy considered to have both business and non-business activities for VAT purposes? If so, this will impact on its entitlement to recover any VAT incurred. Further, if you are undertaking a business/ non-business apportionment, has your academy considered how it is calculating the split, as this will affect whether it is deductible? Is a values-based method giving a fair and reasonable result? If not, you may wish to consider the use of an alternative method. |
2. Partial exemptionAre you ‘partly exempt’ for VAT purposes by virtue of making both taxable and VAT-exempt supplies? If so, is your academy undertaking a partial exemption calculation to reflect any VAT-bearing costs, which relate to a mix of taxable and exempt supplies?
* The de minimis limit is the threshold below which the exempt input tax is regarded as insignificant. |
3. Capital Goods SchemeIf your academy has any assets which fall under the Capital Goods Scheme (i.e. a special regime which requires you to consider use and corresponding VAT recovery of capital assets above a certain value over a number of years), is it meeting the record keeping requirements and performing the annual calculation? |
4. Land and propertyThis is a very complex area from a VAT perspective and if a transaction involving land and property is structured incorrectly, it could result in significant liabilities and missed opportunities. If your academy is planning on entering into any transactions involving land and property, have the VAT consequences and costs been considered? For example, there may be scope for zero-rating the construction of new Relevant Charitable Purpose buildings which can result in VAT savings. |
5. Income stream reviewWe see academies considering new income streams all the time, and it is important that the VAT treatment of any new income streams, and the impact of recovering VAT on any associated costs, is considered in advance to minimise risk. |
6. Sports lettingsDoes the academy let out any part of its sports facilities to a third party? If so, have you considered the VAT treatment of these supplies? |
7. HMRC activityWe have seen an increase in the level of HMRC compliance reviews in this sector. Officers are performing detailed reviews, analysing the treatment of income streams and also reviewing business/non-business, partial exemption and capital goods scheme calculations. If you have any concerns regarding the VAT treatment, you should consider these now rather than risking HMRC applying penalties. |
8. VAT penaltiesHMRC introduced a new penalty regime which applies to VAT periods starting on or after 1 January 2023. HMRC has replaced the default surcharge with separate penalties for late returns and late payment of VAT. Does the academy submit the VAT returns and make payments on time? Have you considered the impact of the late payment penalty? |
9. Fuel and powerHas the academy ensured it is being taxed correctly on supplies of fuel and power? If certain conditions are met, it may be entitled to receive such supplies at the reduced rate of VAT. |
10. Reverse charge suppliesWhere services are supplied to an academy by an overseas supplier, are you treating these costs correctly from a VAT perspective? If not, there is a risk that a VAT liability will arise in respect of any potential reverse charge. |
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To speak to our indirect tax experts about VAT considerations for your institution, please get in touch.Contact us |