A new VAT penalty regime has been introduced by HMRC for VAT accounting periods starting on or after 1 January 2023, replacing the previous VAT default surcharge regime. The way interest is charged is also changing.
New points-based system
Penalties for late VAT returns will now operate under a points-based system and for each VAT return submitted late, businesses will receive a penalty point until they reach the penalty point threshold.
When VAT taxpayers reach the threshold, they will receive a £200 penalty. They will also receive a further £200 penalty for each subsequent late submission whilst the penalty threshold has been reached.
Penalty point threshold
The penalty point threshold is set by the accounting period frequency and the threshold is the maximum points you can receive.
Annual VAT accounting - 2 penalty points
Quarterly VAT accounting - 4 penalty points
Monthly VAT accounting - 5 penalty points
For example, if a Company submits their VAT returns quarterly, their penalty point threshold is 4. If they have submitted 3 VAT returns late, then they would have accumulated 3 points and should a fourth VAT return be submitted late within a 24 month period, then a £200 penalty would be due.
If their fifth VAT return was submitted on time, they would remain at 4 points and no penalty would be due. However, if the sixth VAT return was submitted late, then a £200 penalty would be due again.
The period of compliance required to eliminate all of the points is:
Annual VAT accounting - 6 months
Quarterly VAT accounting - 12 months
Monthly VAT accounting - 24 months
Repayment VAT returns
As the current penalty system is based on the amount of VAT paid late, or the VAT due on the late submitted VAT return, taxpayers who are repayment traders did not previously suffer penalties for late returns under the old rules. However, this has now changed and all returns will be subject to the penalty regime, whether they result in a payment or repayment. The new rules also apply to nil VAT returns.
Late payment penalties
There is also a new regime for failure to pay the VAT by the due date. The new periods and penalties are:
No penalty if the liability is paid within 15 days of the due date
A further 2% penalty if the amount is paid between 15-30 days after the due date
A further 2% penalty if the amount remains unpaid after 30 days
Thereafter a penalty will arise at the rate of 4% per annum if the tax remains unpaid. This penalty is in addition to the interest charge.
If a time to pay agreement has been reached, agreed and all conditions are being met, then the above penalties do not apply.
Interest on late payments
Whether a penalty arises or not, interest will be charged on VAT paid after the due date. The current rate of interest on late paid tax is 6.5% with effect from February 2023.
VAT Returns not affected
The late submission penalty rules do not apply to your:
first VAT return if you’re newly VAT registered
final VAT return after you cancel your VAT registration
one-off returns that cover a period other than a month, quarter or year
Check and appeal penalties online
You can check details of penalties in your VAT online account and ask for a review through your online account.