If a VAT Return is submitted later than the deadline date, the
process used to be that HMRC would raise an
estimated assessment for tax which they believed to be due and inevitably this
was more than the actual Return would show.
Advice has been to get the Return
in as soon as possible and pay the tax accordingly. At the point of receipt,
HMRC would update the record to cancel the assessment. This process has now
changed.
In future, HMRC will only remove
the assessment after the correct Return has been received, verified and if
appropriate ant enquiries cleared. At that point the correct return will be
included in the VAT Account.
This can be a much lengthier
process because as we know, HMRC enquiries can take weeks or months for them to
deal with and in the meantime HMRC could now send Collectors to your door
looking for payment of the assessment.
Telling HMRC that the Return has
been submitted may not be sufficient if there are ongoing enquiries.
Finally, if a taxpayer believes that
an assessment is lower than the return & chooses to pay that lower figure
then they may encounter a different problem. Within the VAT Regulations there
is a provision which states that if a taxpayer knows that an assessment made is
lower than the actual VAT due, they have 30 days to inform HMRC. Failure to do
so can lead to a penalty of up to 30% of the actual tax due as per the Return.
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