For VAT periods starting on or after 1 January 2023, the default surcharge will be replaced by new penalties if you submit VAT returns late or pay VAT late. There will also be changes to how VAT Interest is calculated
We caution that detailed guidance has not yet been published by the Government – further information is expected to be released later in December 2022.
- Who is Affected?
The changes will affect everyone submitting VAT Returns for accounting periods starting on or after 1 January 2023.
Any nil or repayment VAT returns received late will also be subject to late submission penalty points and financial penalties.
- What Happens If I Submit a Return Late?
Late submission penalties will work on a points-based system.
For each VAT Return you submit late you will receive one late submission penalty point.
Once a penalty threshold is reached, you will receive a £200 penalty and a further £200 penalty for each subsequent late submission.
The late submission penalty points threshold will vary according to your submission frequency as follows:
|Submission frequency||Penalty points threshold||Period of compliance|
You will be able to reset your points back to zero if you:
- submit your returns on or before the due date for your period of compliance — this will be based on your submission frequency as detailed above; and
- make sure all outstanding returns due for the previous 24 months have been received by HMRC
- What If I Do Not Pay VAT on Time?
For late payment penalties, the sooner you pay the lower the penalty rate will be.
- Up to 15 days overdue
- You will not be charged a penalty if you pay the VAT you owe in full or agree a payment plan on or between days 1 and 15.
- Between 16 and 30 days overdue
- You will receive a first penalty calculated at 2% on the VAT you owe at day 15 if you pay in full or agree a payment plan on or between days 16 and 30.
- 31 days or more overdue
- You will receive a first penalty calculated at 2% on the VAT you owe at day 15 plus 2% on the VAT you owe at day 30;
- You will receive a second penalty calculated at a daily rate of 4% per year for the duration of the outstanding balance. This is calculated when the outstanding balance is paid in full or a payment plan is agreed.
To give time to get used to the changes, HMRC will not be charging a first late payment penalty for the first year from 1 January 2023 until 31 December 2023, if you pay in full within 30 days of your payment due date.
- How Will Late Payment Interest Be Charged?
From 1 January 2023, HMRC will charge late payment interest from the day your payment is overdue to the day your payment is made in full.
Late payment interest is calculated as the Bank of England base rate plus 2.5%.
- How Will Repayment Interest Be Paid To Me?
The repayment supplement will be withdrawn from 1 January 2023.
For accounting periods starting on or after 1 January 2023, HMRC will pay you repayment interest on any VAT that you are owed.
This will be calculated from the day after the due date or the date of submission (whichever is later) and until the day HMRC pays you the repayment VAT amount due to you in full.
Repayment interest will be calculated as the Bank of England base rate minus 1%. The minimum rate of repayment interest will always be 0.5% even if the repayment interest calculation results in a lower percentage.
- Any Queries?
Please contact Jo Travis (firstname.lastname@example.org) who leads out VAT advisory division.