Something for nothing - VAT and Barter Transactions
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21st November 2013
It is quite common for businesses to exchange goods or
services with each other. This is sometimes an exchange of goods or
services with a like for like value, or sometimes payment is made for a
supply by part cash payment and part reciprocal services/goods. It is
equally common for the same businesses to assume that there are no VAT
consequences for such an arrangement as there is no money changing
hands, however, this is not usually the case. This is highlighted by
the recent case of AV Concepts, which involved a supply of goods in
return for a cash payment and obsolete goods. The hearing should have
been a fairly simple case involving a dispute with HMRC about VAT of
only just over £1,000, however it looked at some complex issues
relating to how the value of a supply is determined when a barter
transaction occurs.
The business supplied technically advanced white boards to
schools, which teachers could write on and print off notes for the
pupils. The boards were almost invariably supplied to the schools in
return for cash and obsolete projectors or other equipment. HMRC allow
a discounted amount to be used where a fixed allowance is offered,
where amongst other points, no attempt is made to value the traded-in
goods and there is no reason for the goods to be accepted other than
for trade promotion (which would not apply where prior arrangements
have been made for the traded-in goods to be reconditioned or sold).
The business had sought to rely on this policy, however, the discounts
it offered were not fixed amounts and the obsolete equipment was
subsequently serviced and sold on eBay. In addition, the new equipment
was not actually sold to the schools but sold to a lease business BNP
Paribas who then leased it to the school and it was not clear if any
schools had actually paid the business cash for the supply.
The dispute with HMRC related to establishing the value of the
supply by AV Concepts, that is :
• were the white boards supplied for cash and barter goods (the
obsolete equipment) that AV Concepts might later sell ? If so VAT would
be due on the total cash and barter goods value, or
• if the obsolete item had no value and the business was offering a
discount on the sale price of the white board, would the VAT be due on
the cash payment received?
The chairman ruled that the value of the supply was established by the
contract price of the item supplied by AV Concepts. This meant that if
the sales price had been £100 and it was reduced to £90 when items were
taken in part exchange, the non monetary value of the part exchange
items was £10. VAT therefore should have been paid on the total of the
cash element of the consideration and the value of the part-exchange
item. VAT would therefore be due on the £100 total consideration
received by AV Concepts.
If you or your clients are involved in barter arrangements
such as offsetting management charges inter corporate group, or take
items in part exchange for the sale of other goods, it would be worth
contacting our free VAT helpline to ensure that there are no unforeseen
VAT consequences to the arrangement.
About the Author
The
VAT People are leading VAT and Customs Duty
consultants based in the
North West of England. We work with a wide range of businesses
throughout the UK as well as assisting our accountancy colleagues to
unravel the thorny VAT issues for their clients. We are one of the UK's
largest and most comprehensive sources of VAT and Customs advice, our
consultancy team having over 140
years of experience in VAT and Customs
gained in either HMRC or a Big 4 accountancy practice environment.
Call us on our VAT helpline 0800 077 4604 to discuss. All initial discussions are free with no-obligation.
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Article Published/Sorted/Amended on Scopulus 2013-12-30 10:13:26 in Tax Articles
