School of Oriental and African Studies (SOAS) VAT Guide Revised: February 2012 This guide is intended to provide an overview and simple guidance on the common VAT issues that affect SOAS. Contents: 1. General VAT information 1.1. VAT overview 1.2. VAT at SOAS 1.3. VAT Partial exemption 1.4. Responsibilities and contact details 2. VAT on SOAS activities 2.1. Education and ‘closely related’ good/services 2.2. Research 2.3. Conference facilities 2.4. Consultancy 2.5. Library services and publication sales 2.6. Catering 2.7. Donations and sponsorship 2.8. Re-sales 2.9. Supplies made outside of the UK 2.10. Course application administration fees 2.11. Royalties 2.12. Merchandise sales 3. VAT on purchases 3.1. Overview 3.2. Zero rating for charitable advertising 3.3. Exemption for purchases connected to a supply of education 3.4. Capital expenditure 3.5. Imports of goods and services to the School from overseas 3.6. Import VAT and EORI Numbers (formerly TURNS) 3.7. University museums that provided free entry to collections School of Oriental and African Studies Page 1 4. VAT on Agresso 4.1. General 4.2. Accounts payable 4.3. Accounts receivable 4.4. Non VAT transactions 5. Appendices Appendix I: Glossary of terms Appendix II: Basic VAT model Appendix III: Consultancy definition Appendix IV: Conference VAT Exemption Declaration Template Appendix V: Zero Rate VAT certificate for Advertising School of Oriental and African Studies Page 2 1. General VAT information 1.1. VAT overview 1.1.1. Value Added Tax (VAT) is a tax on consumer expenditure. 1.1.2. Businesses are generally required to add the tax to the value of goods and services that they supply to their customers. This is known as Output tax. When a business suffers VAT on goods and services which it has purchased in furtherance of its own business activities (and therefore relates to the supply of goods and services to its own customers) it is entitled to recover the tax. The tax on purchases is known as Input tax. 1.1.3. As such VAT is designed to be a non-cumulative tax, with the actual tax cost only suffered by the ultimate consumer (as illustrated in Appendix II). 1.1.4. VAT registered businesses submit periodic returns (usually quarterly) to HM Revenue & Customs. Input tax is deducted from Output tax on the return and the balance is paid to or recovered from HM Revenue & Customs. 1.1.5. This basic model is complicated by the fact that certain goods and services are specifically exempted from VAT. A business engaged in an exempt activity does not charge VAT to its customers but neither can it recover VAT costs it may have suffered in providing such supplies. 1.1.6. The standard rate for VAT in the UK is 20.0% and applies for most goods and services. The reduced rate (5%) and zero rate (0%) are used for specific types of supply, as defined in law. 1.2. VAT at SOAS 1.2.1. SOAS is a VAT registered organisation. 1.2.2. SOAS is primarily involved in activities that are either exempt from VAT or outside the scope of VAT as they do not represent a business supply. This is because the supply of education by an eligible body (that is basically a non-profit making organisation) is specifically exempt from VAT. Nonbusiness research is outside the scope of VAT. 1.2.3. Those activities which do not meet the definition of relating to a supply of education are however taxable. 1.2.4. The University will generally be charged VAT on the goods and services it purchases, just like any other business. The School’s charitable status only has a very limited impact in reducing the level of input tax suffered. School of Oriental and African Studies Page 3 1.3. VAT Partial exemption 1.3.1. Organisations such as SOAS that provide a mixture of exempt and taxable supplies are subject to VAT Partial Exemption rules. 1.3.2. Partial exemption basically means that the amount of input tax recoverable on purchases that relate to both exempt and taxable supplies (such as general overheads like fuel and power, telephone costs etc) is determined by the ratio of exempt and taxable supplies made by the business. So, for example, if a business made 75% exempt supplies and 25% taxable supplies, it would only be able to recover 25% of the input VAT it had suffered on general expenditure. 1.3.3. Input VAT which directly relates to taxable supplies is fully recoverable by a partially exempt business. Input VAT which directly relates to exempt supplies is fully non recoverable by a partially exempt business. 1.3.4. As SOAS makes mainly exempt supplies it can only recover a very limited amount of the VAT it incurs each year. VAT therefore represents a significant annual cost to the School. 1.4. Responsibilities and contact details 1.4.1. The Finance Department is responsible for advising on the School’s VAT affairs and for liaison with HMRC. 1.4.2. Compliance with VAT requirements is however a School wide responsibility. VAT guidance should therefore be sought on all new areas of activity, particularly if they relate to capital expenditure or new income streams. Early involvement and tax planning are essential in managing the School’s VAT exposure. 1.4.3. The Senior Financial Accountant is responsible for VAT advice and administration in the School. Tax planning and compliance assurance are carried out in partnership with the School’s external tax advisors. Contact: Richard Lucus Senior Financial Accountant Email: [email protected] Extension: 5023 School of Oriental and African Studies Page 4 2. VAT on SOAS activites 2.1. Education and ‘closely related’ good/services 2.1.1. Education provided by SOAS is exempt from VAT. School’s status as an eligible body. This is due to the 2.1.2. Education in this context includes a course, class or lesson of instruction or study, in any subject, and regardless of where and when it takes place. 2.1.3. It therefore applies to the full scope of educational services provided by the School: SOAS taught summer schools; non credit bearing language courses; specialist tailored briefings; educational aspects of distance learning; as well as the supply of on-campus undergraduate and postgraduate courses. 2.1.4. In addition, the exemption from VAT is extended to goods and services which are ‘closely related’ to the supply of education. 2.1.5. Closely related is defined as being for the direct use of students and necessary for the delivery of education. Closely-related goods and services would include, but not be limited to, accommodation, catering, course materials and field trips. 2.2. Research 2.2.1. The VAT status of research is determined by whether it represents an actual supply to those funding the research and if so, the business status of the funder. 2.2.2. The majority of SOAS research is outside the scope of VAT, and therefore no VAT is chargeable or recoverable. 2.2.3. Research is outside the scope of VAT when no supply is deemed to be made to the research funder. Most commonly this occurs when no unique benefit accrues to the research funder. This will be the case with research sponsored by the Funding Councils who generally fund research for the benefit of everyone. 2.2.4. Research activity carried out by SOAS which is deemed to be a supply is exempt from VAT when provided to another eligible body. In all other cases the supply would generally be standard rated. 2.3. Conference facilities 2.3.1. Conference facilities provided by the School generally represent a combination of room hire and other services such as catering and security. There are separate VAT considerations in each case. School of Oriental and African Studies Page 5 2.3.2. The general rule is:Room hire within Brunei gallery or 23/24 Russell Square - taxable at standard rate Room hire anywhere other than Brunei gallery – exempt Other services such as IT/AV setup/hire & security – taxable at standard rate 2.3.3. However where the conference facilities are being used by an eligible body as part of a supply of education and are for the direct use of students the whole supply is exempt from VAT. 2.3.4. Customers claiming this exemption must make a declaration that they meet the relevant criteria when making an order. Appendix IV provides a template declaration form. 2.3.5. Room hire in the Brunei Gallery and 23/24 Russell Square are generally subject to VAT as options to tax were exercised on these buildings. There is also an option to tax on the land adjoining 25 – 28 Russell Square. 2.3.6. When SOAS provides a supply of education as part of a conference (either independently or with another organisation) the whole supply becomes an exempt supply of education. 2.4. Consultancy 2.4.1. Consultancy services are taxable at the standard rate. 2.4.2. Consultancy can be basically defined as the supply of professional services to a client for consideration. It is distinct from the School’s primary objects of education and research. 2.4.3. A broad definition of consultancy is included in Appendix III. 2.5. Library services and publication sales 2.5.1. The supply of books and similar printed material are taxable at the zero rate. 2.5.2. Therefore the supply of printed study packs, books and other publications sold by the School are zero rated outputs. 2.5.3. As an extension of this, income generated by the library which relates to the lending of books is also taxable at the zero rate. This includes fees and income from inter-library lending. 2.5.4. E-books and electronic services (including subscriptions) are standard rated in the UK unlike printed books. 2.5.5. Fines are treated as compensation payments and therefore outside the scope of VAT. School of Oriental and African Studies Page 6 2.5.6. Photocopying charges for students should be treated as VAT exempt as closely related to the supply of Education. 2.5.7. The sale of DVDs are subject to VAT at the standard rate. 2.6. Catering 2.6.1. The supply of catering is generally standard rated for VAT purposes 2.6.2. However the supply of catering to students where closely related to a supply of education is exempt from VAT. 2.6.3. An apportionment between standard rated and exempt sales is therefore made for catering outlets which supply both students and staff / other customers. This is currently a fixed rate applied by Elior based on a survey of actual usage. 2.6.4. VAT is not applicable on the provision of internal catering. This is as Elior are providing catering services as an agent of SOAS. Therefore internal catering does not represent an actual supply (SOAS being effectively both supplier and consumer). 2.7. Donations and sponsorship 2.7.1. Donations and sponsorship will generally be outside the scope of VAT as they do not relate to a supply of goods or services 2.7.2. However if SOAS is obliged to provide a ‘significant’ benefit to a donor a supply will be deemed to have occurred and the funding will be subject to VAT at the standard rate. 2.7.3. The acknowledgement of a genuine donation, such as the naming of a Chair or building, does not constitute a significant benefit. 2.8. Re-sales 2.8.1. SOAS must generally charge VAT on resold goods. 2.8.2. This includes computers purchased on behalf of staff through the School and merchandising sold through the Brunei Gallery shop. On such items the School will recover the relevant input VAT. 2.8.3. The VAT inclusive cost charged to staff members for computer purchases will be taken gross to the computer loan account. SOAS will simply recover and charge the same amount of VAT. 2.9. Supplies made outside of the UK 2.9.1. Determining the VAT status of supplies to customers outside of the UK can be complex. It is therefore advised that guidance is sought from the Finance department on a case by case basis. School of Oriental and African Studies Page 7 2.9.2. It is important to obtain evidence of the business status of the international customer, where the customer is established for business purposes and details of where the service is physically being performed. 2.9.3. The Business to Business (B2B) general rule for supplies of services is that the supply is made where the customer belongs. The Business to Customer (B2C) general rule for supplies of services is that the supply is made where the supplier belongs. 2.10. Course Application Administration Fees 2.10.1. HMRC have ruled that course application fees are standard rated (HMRC letter to SOAS 28/07/2010). 2.11. Royalty Fees 2.11.1. VAT is charged at the standard rate on royalties received by UK businesses. Overseas Royalties from businesses established abroad are subject to the normal B2B place of supply rule and are outside of the scope of UK VAT. 2.11.2. The Senior Financial Accountant reviews royalty income (account code 1420 and 9320 CAT 4 CLAF etc) and declares VAT on the gross amount as the amount has already been received including VAT. 2.11.3. Certain organisations such as Adam Matthew require a VAT invoice before they will transfer royalties to the School. 2.12. Merchandise Sales 2.12.1. The sale of study packs to the book store is zero rated. 2.12.2. The sale of pens or bags to the Students Union or book store is standard rated. School of Oriental and African Studies Page 8 3. VAT on purchases 3.1. Overview 3.1.1. Most goods and services purchased by the School will be subject to VAT. 3.1.2. As SOAS has a very limited ability to recover input VAT it is essential that irrecoverable VAT costs be considered when preparing budgets and costings. 3.2. Zero rating for charitable advertising 3.2.1. There are limited VAT benefits that result from holding charitable status. The most relevant for SOAS is the zero rating of advertising. 3.2.2. Supplies of advertising can be made to the School at the zero rate of VAT. The relief covers both the cost of displaying the advert and the cost of producing it. 3.2.3. There are no restrictions on the purpose of the advertising or the media in which it is placed, however it must use a third party’s time or space. As such costs relating to advertising on the School’s own website would not be eligible for the relief. 3.2.4. The supplier will require a declaration of the School’s eligibility for VAT zero rating. A declaration template, and guidance on completion, should be obtained from the Finance department. An example declaration template is included in Appendix V. 3.3. Exemption for purchases connected to a supply of education 3.3.1. The School’s eligible body status means that certain educationally related purchases should be exempt from VAT. 3.3.2. All examination services, regardless of the status of the organisation providing them, should be exempt 3.3.3. The supply of education or closely related services are exempt from VAT when provided by another eligible body, such as a University. 3.4. Capital expenditure 3.4.1. Capital expenditure refers to the purchase or construction of assets which will be used by the school on an ongoing basis. This includes buildings, internal fixtures and fittings and IT equipment. 3.4.2. The basic principles of partial exemption apply in most cases and the School will be able to recover none or only a limited amount of the input VAT incurred. 3.4.3. There are however special concessions which may apply, particularly with respect to construction and property transactions. School of Oriental and African Studies Page 9 3.5. Imports of goods and services to the School from overseas 3.5.1. The general place of supply rule is that business to business supplies are deemed to take place where the customer is. For imported goods and services from overseas, the School is the customer and so the place of supply is normally in the UK. 1 3.5.2. Imported goods and services will therefore generally be subject to VAT at the relevant UK rate. This is done to avoid disadvantaging UK suppliers of the same goods and services, and prevent consumer VAT avoidance by sourcing goods and services from countries that do not charge VAT. 3.5.3. The VAT charge will either be made by HMRC at the point of entry to the UK or by the School through the ‘Reverse Charge’, whereby the School effectively charges itself VAT. 3.5.4. For goods and services it is necessary to consider the potential VAT liability together with the purchase cost quoted by the supplier. For goods imported from outside of the EU, Import Duty costs may also be payable. 3.5.5. For public research grant funded projects, no VAT can be reclaimed from HMRC. For projects where we charge a funder VAT for contract research or consultancy, the full amount of reverse charge VAT may be recoverable from HMRC. 3.5.6. The main imported goods purchased by the School are books and publications. Since books etc are zero rated when supplied in the UK there is no VAT cost to SOAS. 3.5.7. Examples of common areas where reverse charging is necessary: Overseas student recruitment agency fees. Overseas consultancy or legal services. Overseas fees charged by the agent for arranging accommodation and travel. Overseas research services not provided by an eligible body such as a university or charity. For example, research services purchased from an individual acting for their own profit and effectively self employed, would be subject to a reverse charge. Note that even where an overseas business would be below the VAT registration limit in the UK, a reverse charge would be applicable. E-books and electronic services (including subscriptions) – these are standard rated in the UK unlike printed books. There is little or no discretion on the VAT treatment of the items listed as eligible for reverse charge above so it is strongly recommended that 1 Even though the School performs both business and non-business activity (e.g. publically funded research), the School as a whole is deemed to be in business. School of Oriental and African Studies Page 10 VAT at 20% is added to the basic cost of the project or activity where it is intended to recover the costs from a third party (unless of course VAT is chargeable on the service provided to the funder/customer and SOAS is able to reclaim the VAT). 3.5.8. 3.5.9. Potential mitigation strategies might include: Sourcing research services from overseas eligible bodies such as universities and charities. Identifying where an overseas third party is acting as our agent for purchasing of services and where the nature of the supply is either not normally subject to VAT or belongs for VAT purposes where physically supplied i.e. when a third party is paying for travel on our behalf. This can be treated as a disbursement and no VAT reverse charge would apply. However a third party’s own travel and admin expenses will be subject to a reverse charge, including any costs they incur in the process of delivering the service to the School. Please note that it is not always possible to treat items as disbursements and this depends on the nature of the contract with the third party. Normally there would be a clause identifying items where the third party is acting as agent. Please contact the Senior Financial Accountant for a full list of HMRC’s requirements. There are some potential exemptions that allow the place of supply to be overseas and not subject to UK VAT. These are listed below in summary but further details are available from the Senior Financial Accountant and HMRC VAT notice 741A. Supply of services that relate to land or property - the place of supply of those services is where the land itself is located not the customer. Examples of such services include hotel accommodation. Short-term hiring of means of transport (such as cars) are supplied where the means of transport is put at the disposal of the hiree. The exact meaning of ‘short-term’ is subject to a number of rules found in HMRC VAT notice 741A. Supplies of services in respect of admission to cultural, artistic, sporting, scientific, educational, entertainment or similar events (including fairs and exhibitions) take place where the event is. If this is overseas, no VAT reverse charge is applicable. 3.5.10. The full VAT rules regarding reverse charging are very complex and it is recommended that staff planning projects consult with the Senior Financial Accountant and the Research and Enterprise Office at an early stage to allow appropriate VAT planning to take place. School of Oriental and African Studies Page 11 3.6. Import VAT and EORI Numbers (formerly TURNS) 3.6.1. Import VAT is the transaction tax levied on imported goods. Subject to the normal rules, you can claim as input tax any import VAT you pay on goods, provided those goods are imported for the purpose of your business. To recover VAT as input tax, you must have official evidence of VAT paid on the imported goods. The normal evidence is the monthly certificate, known as Form C79, which bears the trader's VAT registration number, plus a three-digit suffix. The whole number is known as the Economic Operator Registration and Identification or EORI (formerly Trader Unique Reference Number (TURN)). An EORI is required for the clearance of commercial import and export entries through the Customs Handling of Import and Export Freight (CHIEF) system. The School’s EORI is 233674657 000. 3.6.2. In months where activity occurs, EORI C79 certificates will be issued to the School showing the transactions for that month. These should be retained to support the School’s claim for input tax where the goods bought were used for onward VATable business. 3.6.3. Staff must take care to use the correct EORI. If not, the VAT paid may not appear on the School’s certificate and may even end up on another person’s certificate. 3.6.4. Negative amounts may appear on the EORI certificate. These are either repayments of import VAT or corrections of errors. 3.7. University museums that provide free entry to collections (Section 33A relief) 3.7.1. There is a special concession for University museums that provide free entry to their collections. This extra-statutory concession aims to ensure that the museums and galleries specified in an Order made under Section 33A (9) of the VAT Act 1994 are not required to repay input tax, properly recovered at the time on goods and services used in connection with taxable supplies of admitting the public for payment, solely on account of the move to free admission. 3.7.2. The Percival David Collection is now housed at the British Museum but negotiations are underway in respect of the Foyle Special Collections Gallery. _top School of Oriental and African Studies Page 12 4. VAT on Agresso 4.1. General 4.1.1. Postings onto the Agresso system must include a tax code. The coding is used to prepare the School’s VAT returns and to calculate the amount recoverable or payable to Customs. 4.1.2. Default tax coding has been built into Agresso, and should be followed in most circumstances. The default coding will automatically populate the tax code field when posting invoices or raising sales or purchase orders, usually based on the combination of a particular account code and department attribute. 4.1.3. All Finance Department staff are responsible for ensuring that VAT data on Agresso is accurate, complete, and supported by a full audit trail back to a valid VAT invoice. 4.1.4. It is important to note that there are many transactions entered onto Agresso that have no VAT significance, and for which the 0 tax code should be used (see point 4.4). 4.2. Accounts payable (AP) 4.2.1. The tax coding used in AP serves a number of purposes: To record the level of VAT whether 20.0%, 5% or none. To determine the figure accounted for in the general ledger expense account. Where a ‘fully recoverable’ tax code is used the VAT element of the invoice is posted to a balance sheet VAT recovery account and the net figure only is reflected as an expense. For ‘non recoverable’ and ‘partially recoverable codes’ the gross amount is shown as the expense. To identify the VAT status of the transaction. For example, to distinguish between a zero rate and exempt rated supply. School of Oriental and African Studies Page 13 4.2.2. Standard AP tax codes Code Rate Description Z 0.00 Inputs at zero rate VAT The Z code should only be used where the supply is taxed at a zero rate. This will be shown on the invoice, and will generally only apply to advertising, printed material, domestic travel and unprepared food. E 0.00 Inputs exempt from VAT Tax code E should be used for invoices which refer to exempt VAT, or invoices and payments with no reference to VAT. SF 20.00% Standard rate fully recoverable input tax SP 20.00% Standard rate partially recoverable SN 20.00% Standard rate non recoverable Tax codes SF, SP and SN are used where standard rated VAT of 20.00% is charged on an invoice. Postings to the S codes must be supported by a valid VAT invoice. The relevant tax code will be pulled up automatically within Agresso, generally based upon the type of expenditure and relevant purchasing department. LF 5.0% Low rate fully recoverable input tax LP 5.0% Low rate partially recoverable LN 5.0% Low rate non recoverable input tax Tax codes LF, LP and LN are used on the rare occasion where reduced rate of VAT of 5% is charged on an invoice. Postings to the L codes must be supported by a valid VAT invoice. For SOAS the reduced rate applies primarily for supplies of light and heat for residential or non-business charitable purposes. Insurance Premium Tax (IPT) of 5% should not be confused with the reduced rate of VAT. The total invoice amount including IPT should be posted using the E tax code. School of Oriental and African Studies Page 14 X 0.00% Inputs at export VAT rate Tax code X is used for foreign payments 4.2.3. Exceptions to default tax coding There are a number of occasions where the default tax coding should be overridden Catering invoices: These self billing invoices include a combination of standard and exempt rated outputs, and standard and zero rated inputs. A posting schedule is prepared for such invoices setting out the relevant VAT coding. Advertising and recruitment: All School advertising should be zero rated therefore the account (3005) defaults to Z. Recruitment expenses however will usually be standard rated. Use code SN for appointments within academic departments, code SP if from administrative departments. Purchase card purchases: At present all purchases are being coded to 0 – the code used for journal postings and non-VATable transactions. This is done to simplify the posting and analysis of purchase card transaction and as there is currently very little potentially recoverable VAT (the cards being generally used for overseas travel and book purchases). 4.3. Accounts Receivable 4.3.1. Coding Overview The tax coding to be used for transactions will generally follow the default settings on Agresso or will follow the advice from the relevant department raising the invoice request (Conferencing, Enterprise etc). Tax coding which is not consistent with the guidelines for SOAS activities (as summarised above in section 2) or involves a change in the default tax code should be queried with the department involved and brought to the attention of the Senior Financial Accountant. School of Oriental and African Studies Page 15 4.3.2. Standard AR tax codes Code Rate Description EO 0.00% Outputs exempt from VAT Tax code EO is used where a supply is exempt from VAT. For SOAS exempt supplies will generally relate to a supply of education. SO 20.00% Standard rate output tax Tax code SO is used where a supply is subject to standard rate VAT. Standard rated supplies tend to be those business activities which do not directly relate to education, such as the provision of most conference facilities and non student catering. SG 20.00% Standard rate output tax (gross) Tax code SG is used to calculate the VAT element on the gross amount. For example, an application fee may be received at £60 gross. If tax code SG is used, Agresso will automatically calculate the net amount as £50 and the VAT amount as £10. ZO 0.00% Zero rate VAT outputs Zero rated sales for the School are connected with the supply of books and printed materials, either provided through library services or through actual publication sales. 4.3.3. Bad debts VAT charged on an invoice that it subsequently treated as a bad debt is recoverable from HMRC. To claim this relief it is necessary for the debt to be over 6 months old and to have been written off in our accounts. School of Oriental and African Studies Page 16 Before an invoice is written off it is therefore essential that any VAT component is identified and the details passed on to the Senior Financial Accountant. Student fee invoices are exempt from VAT and as no VAT was originally charged, there is no scope to recover VAT on student bad debt write offs. 4.4. Non VAT transactions 4.4.1. VAT only applies to the supply of goods and services, either received by the School or made by it. 4.4.2. There are therefore many postings made to Agresso that have no VAT significance, and as such do not require VAT analysis. In these circumstances 0 should be used in the tax code field. 4.4.3. Such transactions include payroll postings, journal adjustments such as the recharge of costs within the School. School of Oriental and African Studies Page 17 Appendix I: Glossary of terms Net Gross Standard rated supply Exempt supply Zero rated supply Reduced rate supply Input VAT Output VAT Outside the scope of VAT Eligible body HMRC Partial exemption Option to tax The VAT exclusive purchase or sales price The VAT inclusive purchase or sales price A supply of goods or services on which VAT is charged at the standard rate of 20.00% A supply of goods or services on which VAT is not charged A supply of goods or services on which VAT is charged at the rate of zero % A supply of goods or services on which VAT is charged at the reduced rate of 5% VAT paid on purchases VAT charged on sales A transaction that does not represent the supply of goods and services as defined in VAT law An organisation as defined in the 1994 VAT Act that can supply education and certain research exempt from VAT. Eligible bodies include universities, government departments and non-profit making organisations such as charities. The government department responsible for the collection and administration of VAT and other taxes. The situation where an organisation makes a combination of taxable and exempt supplies. Recovery of input VAT is restricted to that incurred in connection with making taxable supplies, and a proportion of the VAT incurred on general overheads as calculated on the basis of the mix of taxable and exempt supplies. The voluntary decision to treat a generally exempt supply as standard rated. The option to tax is limited to certain property transactions. School of Oriental and African Studies Page 18 Appendix II: Basic VAT model This simple example is based on a four stage retail cycle from manufacturer to consumer: Manufacturer Wholesaler Retailer Consumer - (10.00) (2.00) (16.00) (3.20) (27.50) (5.50) 10.00 16.00 27.50 2.00 3.20 5.50 VAT paid / (recovered) (2.00) (1.20) (2.30) - Net income / (cost) 10.00 6.00 11.50 (33.00) Purchase Price Input VAT suffered Sale price Output VAT charged Total (5.50) Note: VAT paid to HMRC in the three instalments from manufacturer, wholesaler and retailer is equal to VAT ultimately suffered by the consumer. VAT has no impact on the profits generated by the manufacturer, wholesaler and retailer. School of Oriental and African Studies Page 19 Appendix III: Consultancy definition Consultancy can be broadly defined as: Work of a professional nature, undertaken by School staff in their field of expertise, for clients outside the institution, and for which consideration is paid, either to the University or directly to a member of staff; Producing some form of contracted output (such as a report) which, in general, would be partly or wholly owned by the client. Consultancy activities are distinct from the School’s primary objects of education and research. Supplies of education and certain types of research are exempt from VAT due to the University’s eligible body status. As no such exemption exists for consultancy it may be further classified as an activity which does not meet the definitions of education and research as used for VAT purposes: Education is a course, class or lesson of instruction or study in any subject. It includes (but is not limited to) lectures, educational seminars, conferences, symposia and distant learning. No restriction is placed on the subject of the education, or the location or time of its delivery. Research is original investigation undertaken in order to gain, advance or expand knowledge and understanding. This may be either publicly funded by grant or be directly contracted with a third party. Contract research is similar to consultancy in that it generally represents a supply to a third party for consideration. As such, with the exception of the supply of research between two eligible bodies, both are subject to standard rate VAT. Consultancy differs in that it is usually short term in nature, does not have as its primary purpose the transfer of new knowledge or intellectual property, and is undertaken by existing members of staff rather than by staff specifically recruited to undertake the work. School of Oriental and African Studies Page 20 Appendix IV: Conference VAT Exemption Declaration Template VAT EXEMPTION DECLARATION SUPPLIES OF EDUCATION AND CLOSELY RELATED GOODS AND SERVICES Contract between the School of Oriental and African Studies and Name and Address of Organization: ............................................................................................................................................ ............................................................................................................................................ .................................................................................................. Function Title: .............................................................................................................................. Date of Function: ....../....../............ to ....../....../............ In order to determine if the charges resulting from this contract are exempt from Value Added Tax we need to know whether or not your organisation is an eligible body and if so, whether the goods and services to be provided by the School of Oriental and African Studies are closely related to supplies of exempt education provided to your students, delegates, trainees, etc. You are an eligible body if you are a: 1. School; 2. UK University, and any college, institution, school or hall of such a University; 3. Further and Higher Education Institution (as defined under legislation governing such bodies); 4. Public body, for example a Government Department, Executive Agency, Local Authority and Health Authority; 5. Body which: a) is precluded from distributing and does not distribute any profit it makes; and, b) applies any profits made from supplies of education towards the continuance or improvement of such supplies. 6. Body not falling within categories 1,2,3,4, or 5 which provides the teaching of English as a foreign language but only in so far as the provision relates to the teaching of English as a foreign language; Education is broadly defined as: A course or lesson of instruction or study in any subject whether or not that subject is normally taught in schools, colleges or universities and regardless of where and when it takes place. It includes lectures, educational seminars, conferences and symposia. For there to be a supply of education you must be charging fees to the attendees. Goods and services closely related to supplies of exempt education These are goods and services that are for the direct use of students, trainees, conference attendees, etc. and that are necessary for delivering the exempt education to such people. These include accommodation and catering. School of Oriental and African Studies Page 21 Declaration: I/We declare that: Part A: *1) This organisation is not an eligible body. *2) This organisation is an eligible body under category ...... detailed above. *please delete as applicable Part B (please complete only if your organisation is an eligible body) *1) The goods and services to be provided by School of Oriental and African Studies under this contract are closely related to supplies of exempt education and are for the direct use of our students, trainees, conference attendees, etc. *2) The goods and services to be provided by School of Oriental and African Studies under this contract are not closely related to supplies of exempt education and are not for the direct use of our students, trainees, conference attendees, etc. *Please delete as applicable SIGNED:................................................................... POSITION HELD:.................................................... DATE:....................................................................... This statement and declaration reflects information contained in Schedule 9, Group 6 of the VAT Act 1994. Subsequent changes in the law may affect the tax status of our supply to you. School of Oriental and African Studies will review all available evidence to check the validity of your declaration. Should we disagree with the basis of your declaration we reserve the right to charge VAT at standard rate on the relevant supplies. School of Oriental and African Studies Page 22 Appendix V: Zero Rate VAT Certificate for Advertising School of Oriental and African Studies Zero Rate VAT Certificate for Advertising I, Richard Lucus, the Senior Financial Accountant at The School of Oriental and African Studies (SOAS) Thornhaugh Street Russell Square London WC1H 0XG declare that the above named charity is buying from: [Full name and address] the following which are eligible for relief from VAT under item 8 or 8A 8B or 8C of Zero Rate Group 15: Advertising services .............................................................................(Signature and date) School of Oriental and African Studies Page 23
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