HM Customs and Excise CE 10
17 March 1998
______________________________________________________________
VAT GROUP TREATMENT - CONSULTATION
The Chancellor has today announced consultation on the
operation of the VAT grouping facility. The consultation
will ask for views on the possible restriction of this
facility to fully taxable companies as a means of achieving a
better balance between revenue costs to the Exchequer and
compliance costs to business, and to minimise tax avoidance
opportunities.
The comments received will also be helpful in informing the UK
position in EU discussions expected on this issue.
DETAILS
Customs and Excise will shortly be publishing a consultation
document which identifies the options considered and sets out
a specific proposal to restrict the facility to fully taxable
companies. Following the date of publication 3 months will be
allowed for representations to be made.
NOTES TO EDITORS
1. The VAT Act 1994, section 43, permits companies which are
under common control to form groups for VAT purposes. This is
a business facilitation measure which is intended to reduce
the administrative burdens on businesses. Only one VAT
registration is required for all the companies within the
group and supplies between group members are disregarded for
VAT. One member of the group is nominated as the
representative member and is responsible for accounting for
VAT on behalf of all the other members of the group. All
supplies of goods and services made by or to any member of
the group are treated as if they were made by or to the
company nominated as the representative member.
2. Subject to Customs' power to refuse applications, group
treatment is currently available to any corporate body which
satisfies a number of prescribed conditions. The facility is
sufficiently flexible to allow the corporate group itself to
decide which companies it will include in its VAT group(s)
and to move those companies in and out with relative ease.
This flexibility has presented significant opportunities for
avoidance.
3. The existence of the facility in its current form also
has a significant revenue cost. This cost arises as a result
of VAT not having to be accounted for on disregarded,
intra-group supplies, so that the limitations on the ability
to reclaim tax incurred on purchases which are normally
imposed on exempt or partly exempt businesses do not bite.
4. This consultation exercise is designed to achieve a
better balance between revenue and compliance costs, and to
minimise tax avoidance opportunities. It will also inform
the UK position in EC consultations which are expected on the
grouping provisions.
Press enquiries only to HM Customs and Excise, Public
Relations Office, New King's Beam House, 22 Upper Ground,
London, SE1 9PJ.
Telephone: 0171 865 5468/5471
Others should contact their local VAT Business Advice Centre,
listed under Customs and Excise in the telephone book.
Customs and Excise Internet address:
http://www.open.gov.uk/customs/c&ehome.htm
This news release can also be found at :
http://www.hm-treasury.gov.uk. Other Treasury material can
also be found at this address.