Partial exemption and a VAT 427 claim

VAT Question

My client recently deregistered from VAT but when they were registered for VAT they had both taxable and exempt income and so were partially exempt.

We are now raising our final accountancy bill for our work up to cessation and deregistration and understand that, using form VAT 427, our client can make a claim for the VAT that we are to charge.

As our client was partially exempt where registered for VAT is this VAT still claimable and, if so, how does their previously partially exempt statues affect the VAT recovery?

VAT Answer

Whilst the VAT is still recoverable, partial exemption does not ‘exist’ post deregistration and therefore the partial exemption deminimus rules that would normally apply to partially exempt businesses also do not apply to the recovery of VAT incurred after deregistration.

Instead, the VAT must be apportioned between the taxable and exempt former supplies made by the business and, as the deminimus rules do not apply, any VAT considered to be exempt VAT is not claimable, no matter the value. 

In regard to the apportionment method to use in the above, where that VAT would have been non-attributable or residual input tax in a partial exemption calculation had it have been incurred during the time the business was registered for VAT, then you should look to the partial exemption calculation that should have been done up to the date of deregistration and use the taxable and exempt percentages from that calculation to apportion the VAT.

For example, if that final partial exemption calculation showed that your clients taxable sales were 50% of all of his sales, then 50% of the VAT incurred on your accountancy bill will be claimable on the VAT 427 claim.