VAT penalties

Penalties for mistakes made on VAT Returns

Reason for the error Disclosure of the error to HMRC
NB A disclosure is unprompted if at the time you tell HMRC about it you have no reason to believe HMRC have discovered it, or are about to discover it.
Minimum penalty (as a percentage of the tax) Maximum penalty (as a percentage of the tax)
Careless
(you fail to take reasonable care)
Unprompted 0% 30%
Prompted 15% 30%
Deliberate
(you give HMRC a document which you know contains an inaccuracy)
Unprompted 20% 70%
Prompted 35% 70%
Deliberate and concealed
(you give HMRC a document which you know contains an inaccuracy and you have tried to hide that inaccuracy)
Unprompted 30% 100%
Prompted 50% 100%

VAT Surcharge for late VAT Return Submission

Defaults Surcharge to pay (calculated as a percentage of your unpaid VAT at the due date) Surcharge period
First default No surcharge. Surcharge Liability Notice issued. 12 months
Second default 2% (unless it is less than £400, in which case you won’t be charged a surcharge at this rate) 12 months from the date of the most recent default
Third default 5% (unless it is less than £400, in which case you won’t be charged a surcharge at this rate) 12 months from the date of the most recent default
Fourth default 10% (unless it is less than £30 in which case you will be charged £30) 12 months from the date of the most recent default
Fifth and subsequent defaults 15% (unless it is less than £30 in which case you will be charged £30) 12 months from the date of the most recent default

Penalty for late VAT Registration

The penalty for registering late for VAT is calculated as a percentage of the VAT due (output tax less input tax), from the date when you should have registered to the date when we either H M Revenue & Customs received your notification, or became fully aware that you were required to be registered. The rate of penalty depends on how late you were in registering:

If you registered Then the penalty rate will be
not more than 9 months late 5%
more than 9 months but not more than – 18 months late 10%
more than 18 months late. 15%

There is a minimum penalty of £50.

The Chartered Institute of Taxation

The Association of Taxation Technicians

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