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Is There a Penalty for Registering Late for VAT?

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August 12, 2024
Registering Late for VAT

In the UK, businesses are required to register for Value Added Tax (VAT) once their taxable turnover exceeds the VAT threshold, which is currently set at £85,000 over a rolling 12-month period. However, some businesses may realize they should have registered for VAT but haven’t done so within the required timeframe. If this happens, the question arises: is there a penalty for registering late for VAT? The answer is yes, there can be penalties, and it’s important to understand the implications to avoid costly consequences.

When Do You Need to Register for VAT?

Before diving into the penalties, it’s crucial to understand when VAT registration is mandatory. A business must register for VAT if:

  • The taxable turnover exceeds £85,000 over any rolling 12-month period.
  • You expect your turnover to exceed £85,000 in the next 30 days alone.
  • You take over a VAT-registered business as a going concern.

If any of these apply, you must register for VAT; failure to do so promptly can result in penalties.

The Penalties for Late VAT Registration

HM Revenue & Customs (HMRC) takes late VAT registration seriously. If you fail to register on time, you may face financial penalties in addition to paying any VAT that should have been charged from the date you were required to register.

Late Registration Penalty

The penalty for late VAT registration is based on the amount of VAT owed from when you should have registered until the time you registered. This penalty is known as a “failure to notify” penalty and is calculated as a percentage of the VAT due during the period when you should have been registered. The percentage applied depends on how late you are in registering:

  • Up to 9 months late: 5% of the VAT due.
  • Between 9 and 18 months late: 10% of the VAT due.
  • More than 18 months late: 15% of the VAT due.

The penalty is calculated based on the VAT that you would have owed if you had been registered correctly, so it’s important to estimate your potential liability as soon as you realize you need to register.

Interest on Late Payments

In addition to the penalty, HMRC will also charge interest on any VAT that is owed but not paid because of the late registration. The interest is charged from the date the VAT should have been paid until the date it is actually paid. This can add up quickly, further increasing the financial burden on your business.

Possible Mitigation of Penalties

While penalties are likely if you register late, HMRC may reduce the penalty if you can demonstrate that you had a reasonable excuse for the delay, such as a serious illness or a natural disaster that affected your ability to register on time. Additionally, the penalty may be reduced if you voluntarily disclose the late registration and cooperate fully with HMRC.

Steps to Take if You Are Late Registering

If you find yourself in a situation where you should have registered for VAT but haven’t, it’s important to act quickly. Here’s what you should do:

  1. Register for VAT immediately: Don’t delay any further. The sooner you register, the less severe the penalties will likely be.
  2. Calculate the VAT owed: Estimate the VAT you would have charged from the date you should have registered and be prepared to pay this amount along with any penalties and interest.
  3. Contact HMRC: Be proactive and contact HMRC to inform them of the situation. This can help demonstrate your willingness to comply and may result in a reduced penalty.
  4. Seek professional advice: Consider consulting with a tax professional or accountant who can help you navigate the process and potentially minimize the penalties.

Conclusion

Failing to register for VAT on time can result in significant penalties and interest charges. If your business’s taxable turnover exceeds the VAT threshold, registering promptly is crucial to avoid these additional costs. If you do miss the deadline, acting quickly and transparently with HMRC can help mitigate the impact. Ensuring compliance with VAT regulations is a legal obligation and a key aspect of responsible business management.

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