VAT: Overseas sales

VAT: Overseas sales

Below are some very basic rules of how to deal with VAT on overseas sales. If you ever come across these, please contact us as there are a lot more details which should be reviewed before anything is submitted to HMRC.

The following are basic questions that need to be answered before being able to decide whether VAT should be charged or not:

Are you supplying goods or services?

Are you supplying to a business or a consumer?

Where are they located?

Are they VAT registered?

Goods

EU:

VAT Registered Business-

If the VAT number has been provided by the Business and there is a VAT number on the invoice as well as documentary proof of export, VAT can be charged at 0%.

Non-VAT Registered Business or Consumer-

If the customer is not VAT registered you will have to charge VAT at 20%. However this is only true until the distance selling threshold is exceeded, which depends on the country concerned.

 Outside the EU:

If the Customer resides outside the EU, VAT can be charged at 0%.

 Services

EU:

All VAT and Non-VAT Registered Businesses-

VAT can be charged at 0%, if the service is for business purposes.

Consumer-

VAT must be charged at 20%.

However, if it is an ‘e-service’ you would have to charge VAT at that country’s own rate.

Outside the EU:

All VAT and Non-VAT Registered Businesses-

VAT can be charged at 0%.

Consumer-

VAT can be charged at 0% for the following services:

Electronically supplied services

Advertising

Legal

Accountancy

Consultancy

Supply of staff

Hire of goods

Telecoms and broadcasting

 

VAT must be charged at 20% on all other services.

If you have any queries, or require any further information on this, please do not hesitate to contact us 0116 2423400

Jess Cooper, Accounts & Tax 

Are you ready for GDPR? 25 May 2018

As of 25 May 2018 the General Data Protection Regulation (GDPR) will be enforced on organisations that process personal data of EU residents. Although very similar to the current Data Protection Act, the GDPR will strengthen the current data protection requirements by introducing a number of key changes for organisations. Some of these changes include:

  • The definition of personal data being broader
  • Consent will be necessary for processing children’s data
  • The rules for obtaining valid consent have been changed
  • The appointment of a data protection officer (DPO) will be mandatory for certain businesses
  • There are new restrictions on international data transfers
  • Data subjects have the right to be forgotten

For more information on the GDPR’s key changes you can visit:

https://www.itgovernance.co.uk/data-protection-dpa-and-eu-data-protection-regulation

Some things to consider when preparing to become GDPR compliant are:

  1. Are key decision makers and key people in your organisation aware that the law is changing to the GDPR?
  2. Is a record kept of the personal information you hold, and a log of where it came from and who it is shared with?
  3. Do your procedures in processing personal data comply with the individuals rights? (how you delete personal data or provide data to others)
  4. If someone requests personal information, are procedures in place to ensure data protection is upheld?
  5. Do you seek, obtain and record consent you gain from clients?
  6. Do you have an assigned Data Protection Officer?
  7. Do your current procedures in place enable you to detect, report and investigate a personal data breach?

 There is plenty of time to decide what type of risk assessments need to be carried out to ensure compliance with the new regulation is upheld but organisations should start to act as soon as possible as the maximum penalties for non-compliance under the GDPR will increase significantly – from £500,000 to the greater of €20,000,000 or 4% of an organisation’s global turnover.

For more information you can visit our website https://www.torrwaterfield.co.uk/news/latest-news-for-business/archive/news-article/2017/september/get-ready-for-the-new-data-protection-rules 

If you wish to discuss this further then please get in touch 0116 2423400

Amy Fisher, Reception & Administrator 

Charity law changes

Since 2 January 2013 new charities have been able to register as a Charitable Incorporated Organisation (CIO).

Prior to that date the only way to be an incorporated charity was to form a limited company, registered at Companies House, and then apply for charity registration with the Charity Commission.  This approach meaning that there were two sets of laws to comply with and two separate annual filings.

The CIO is registered solely with the Charity Commission and subject to charity law only.

This was a long-awaited and very welcome change to the law.

There was however one sticking point and that was for a charity that had already registered as a limited company and now wanted to benefit from the updated legislation.  The only way forward was to set up a new CIO and transfer the old charity over.

New legislation was published on 23 November allowing charitable companies, in England and Wales, to convert to CIOs.  There will be a phased implementation: Charities with income below £12,500 will be able to apply from 1 January 2018 and those with income greater than £500,000 from 1 August 2018.  There are four other income bands that fit in to the intervening period.

It has been stated in official releases that the process should be “simple and straightforward in most cases”.  The charity will need to adopt a new CIO constitution and pass a Special resolution to convert.

It appears that procedures have been put in place for the Charity Commission and Companies House to liaise with each other so that the date of conversion is consistent between both regulators.

If you wish to discuss this further then please get in touch on 0116 2423400

Neil Ford, Technical Manager