New VAT penalty regime starts from 1 January

HMRC is introducing a new VAT penalty regime from 1 January 2023, replacing the current default surcharge with a fixed rate, points based system for late VAT submissions and payments.

The changes will affect businesses submitting VAT returns for accounting periods starting on or after 1 January 2023.

A single penalty point will be issued for each late submission of a VAT return.

If a business exceeds the points threshold, they will receive a £200 penalty, and a further £200 penalty for each subsequent late submission.

Businesses will be able to reset their points back to zero once all their returns have been filed and there has been a continuous period of good compliance.

The new points thresholds are as follows:

Submission frequency Penalty points threshold  Period of compliance 
 Annually 24 months 
Quarterly  12 months 
Monthly  6 months 

HMRC said there will be a "period of familiarisation" for the first year:

"To give you time to get used to the changes, we 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."

Talk to us about your VAT returns.

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