Assume that the rates and allowances for 2004／05 apply throughout this part.(b) Explain th

Question

Assume that the rates and allowances for 2004/05 apply throughout this part.

(b) Explain the consequences of filing the VAT returns late and advise Fred how he should deal with the

underpayment and bad debt for VAT purposes. Your explanation should be supported by relevant

calculations. (10 marks)

Answer 1

正确答案：
(b) Late filing of VAT returns
The late filing of two or more VAT returns within the period of one year will give rise to a default surcharge. This occurs when
either
– The return is late and/or
– The payment is late.
Customs & Excise will serve a surcharge liability notice on the taxpayer when a single return is filed late and/or the VAT due
is paid late. The surcharge period will run from the date of notice to the anniversary of the quarter end of the period in which
the trader is in default.
Any further defaults within the surcharge period will extend the surcharge period.
If there is a late payment of VAT in the surcharge period, a surcharge will be levied at the rate of 2% on the first occasion,
rising progressively to a maximum of 15% if there are several defaults. One complete year of correct compliance is necessary
to escape the default surcharge regime.
For Flop Ltd, the surcharge period originally ran to 31 December 2005 but was extended to 31 March 2006 as the second
return is late. This could be extended again if the June return is late. The second default (31 March return) will give rise to
a 2% surcharge, based on the tax paid late of ￡24,000. This gives a surcharge of ￡480. This exceeds the de minimus level
of ￡400, so will be collected.
To avoid a further surcharge, the VAT return to 30 June 2005 should be submitted by 31 July at the latest. This would save
5% x ￡8,250 = ￡412.
In addition, Flop Ltd should obtain a refund of the VAT on the bad debt. Relief is available where;
(i) the debt is more than six months old, and
(ii) the debt has been written off in the creditor’s accounts.
The claim must be made within three years. The amount of VAT repayable is 17·5% of ￡50,000 = ￡8,750. If this is claimed
though the VAT return to 30 June 2005, there should be a net VAT repayment of (￡8,250 - ￡8,750) = ￡500. Even if this
return is submitted late, the fact that no VAT is outstanding means that there will be no surcharge actually payable (as
calculated above), but the surcharge period will nevertheless be extended.