VAT Management Charges
VAT Question
My client has 2 VAT registered companies. One is a fully taxable consultancy business, the other is a new property investment company that is partly exempt.
The consultancy company incurs all the costs for the running both businesses including; rent of the offices both companies operate from, all utilities, cost of employees employed by the consultancy company but that will also spend time working for the property investment company etc.
The consultancy company intends to make a management charge to the associated business and has suggested that this be at a token value. Can they do this?
VAT Answer
The simple answer is no. Your client has a requirement to make management charge for the services it provides to their associated business, but this charge must be made at a market value as the recipient business is a related party that is not able to recover all VAT charged to it (it is partly exempt). If the charge were not made at a market value then HMRC can, under provisions within the VAT Act, revalue the charge to market value and VAT would be due on that revalued amount.
Whilst there is no definition of market value, in practice HMRC would likely consider that the management charge must be for at least the cost to the consultancy company of supplying those services.
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