Many small businesses in the UK are unfamiliar with how Value Added Tax (VAT) works. Some may not even know if it applies to them. If you run a small business, understanding VAT can be essential.
If your business is VAT-registered, missing a VAT deadline can lead to penalties and interest. The current VAT registration threshold is £90,000 of taxable turnover. However, businesses below this threshold can also register voluntarily.
You can avoid unnecessary costs and stay on top of your VAT obligations by understanding VAT rules. This blog explains VAT penalties explained for small businesses. It also explains how VAT penalty points work, what happens when VAT is paid late, and how small businesses can reduce the risk of penalties.
What Are VAT Penalties?
VAT stands for Value Added Tax. VAT penalties are financial charges that HM Revenue and Customs (HMRC) may impose when a business does not meet certain VAT obligations. For instance, if your business submits a VAT Return late or pays VAT after the due date, you are charged VAT penalties.
For VAT accounting periods starting on or after 1 January 2023, separate rules apply to late payment of VAT, late submission of VAT Returns, and late payment interest.
These rules remove the previous VAT default surcharge system for the relevant accounting periods. The distinction is essential because late payment and late submission are dealt with separately.
Here are VAT penalties explained for small businesses:
VAT Late Submission Penalties
Late submission penalties use a points-based system. A VAT-registered small business generally receives one penalty point for each late VAT Return, subject to the rules and exceptions that apply. This includes nil and repayment VAT Returns. Moreover, the penalty point threshold depends on how often the small business submits its VAT Returns. See the table below for late submission penalty thresholds and fines:
| VAT return submission frequency | Penalty points threshold | Penalty amount |
| Annual returns | 2 points | £200 penalty |
| Quarterly returns | 4 points | £200 penalty |
| Monthly returns | 5 points | £200 penalty |
A £200 penalty is charged when you reach the applicable threshold. While you remain at the threshold, a further £200 penalty can apply for each subsequent late submission.
VAT Late Payment Penalties
Discussing “VAT penalties explained for small businesses” includes understanding how VAT late payment penalties are different from late submission penalties.
A business in the UK can receive a VAT late payment penalty even if it has not received a late submission penalty. The current late payment penalties for VAT accounting periods starting on or after 1 January 2023 are:
Up to 15 days late: No late-payment penalty is charged when you are up to 15 days late. However, late payment interest applies from the first day overdue.
16–30 days late: If the VAT is outstanding on day 15, a first penalty of 3% applies.
31 days or more late: The first penalty is 3% of the amount outstanding at day 15 plus 3% of the amount outstanding at day 30.
Additionally, a second penalty accrues daily at an annual rate of 10% a year on the outstanding amount from day 31 until it is paid or the relevant assessment limit is reached.
VAT Late Payment Interest
VAT late payment interest is an important part of understanding the overall cost of paying VAT late and “VAT penalties explained for small businesses”.
In addition to VAT late payment penalties, you may be charged late payment interest by HMRC. HMRC charges interest from the first day the payment is overdue until it is paid in full.
Therefore, a small business that pays VAT late may have to pay late payment interest from the first day it is overdue, as well as a late payment penalty once the relevant penalty conditions are met.
Since the interest rate can change, you should check the current HMRC rate rather than relying on an outdated percentage.
Can a Small Business Appeal a VAT Penalty?
Yes, VAT penalties for small businesses can be appealed in certain circumstances if they believe a penalty or penalty point was issued incorrectly.
HMRC allows you to appeal against a penalty point or financial penalty issued under the VAT late submission points system. You can also appeal other VAT penalties.
For VAT decisions and penalties, the relevant appeal or review deadline is generally 30 days, although businesses should follow the instructions and deadline stated in the HMRC decision or penalty notice. A small business should check the penalty notice and follow the HMRC appeal process rather than assuming that every penalty can be cancelled.
How Long Do VAT Penalty Points Last?
Now that we have explained VAT penalties for small businesses, let’s understand how long they last and how you can remove them.
Normally, each VAT penalty point expires after 24 months, calculated from the relevant month after the failure occurred, provided the relevant conditions are met. If the business is at the threshold, points do not simply expire and a period of compliance is required to clear them.
To clear all penalty points, you need to meet two conditions:
- Submit all outstanding VAT Returns that were due within the previous 24 months.
- Complete the required period of compliance by submitting all VAT Returns on time.
How to Avoid VAT Penalties?
Avoiding VAT penalties for small businesses isn’t necessarily simple, particularly if they have complex VAT transactions or cash-flow issues. To reduce the risk of VAT penalties, you can maintain the following practices:
- Know your VAT deadlines and submit your VAT Returns on time, including nil and repayment returns. Don’t wait until the final day.
- Pay VAT by the due date.
- Keep accurate VAT records and invoices.
- Use Making Tax Digital compatible software to maintain your VAT records and submit VAT Returns where required.
- Check VAT calculations accurately before submitting returns.
- If you are unable to pay on time, contact HMRC promptly.
Final Thoughts on VAT Penalties Explained for Small Businesses
Understanding VAT penalties for small businesses can help reduce the risk of penalties and interest.
HMRC has separate rules for late VAT Returns and late VAT payments. You can avoid or reduce the risk of HMRC VAT penalties by keeping accurate records, submitting returns on time, and paying VAT by the deadline.
Working with a professional can be particularly useful if you have received a penalty from HMRC or are dealing with VAT for the first time. You can find a qualified accountant at AccountingFirms. Just enter your postcode, manage filters, and select an accountant in no time.
Disclaimer: The information provided on AccountingFirms.co.uk is for informational purposes only and should not be considered as financial advice. Always consult with a professional accountant to ensure compliance with UK laws and regulations.