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The VAT Flat Rate Scheme (FRS) has been designed to simplify the way a business accounts for VAT and in so doing reduce the administration costs of complying with the VAT legislation. The scheme is open to businesses that expect their annual taxable turnover in the next 12 months to be no more than £150,000.

The limited cost trader test was introduced in April 2017 to help tackle abuse or perceived abuse of the VAT FRS by businesses that spend a small amount on goods. Businesses that meet the definition of a 'limited cost trader' are required to use a fixed rate of 16.5%. The highest 'regular' rate is 14.5%.

A limited cost trader is defined as one whose VAT inclusive expenditure on goods is either:

• less than 2% of their VAT inclusive turnover in a prescribed accounting period; or
• greater than 2% of their VAT inclusive turnover but less than £1,000 per annum if the prescribed accounting period is one year (if it is not one year, the figure is the relevant proportion of £1,000).

For some businesses – for example, those who purchase no goods, or who make significant purchases of goods – the outcome of the test will be self-evident. Other businesses need to complete a simple test, using information they already hold, to work out whether they are obliged to use the higher 16.5% rate. Businesses using the scheme are expected to check that they use the appropriate flat rate percentage for each accounting period.

If a business is a limited cost trader, it may be more beneficial to leave the FRS and account for VAT using the normal rules.

Since 2018, online marketplaces (such as eBay or Amazon) have been required to help tackle online VAT fraud. These measures, known as joint and several liability (JSL) for marketplaces aim to ensure that all businesses selling goods in the UK follow the same rules and pay the correct amount of VAT.

Legislation allows HMRC to hold the operator of an online marketplace jointly and severally liable for unpaid VAT where:

• An overseas seller operating on the marketplace should have registered for UK VAT and has failed to do so.
• The online marketplace knew or should have known that an overseas seller should be UK VAT registered.
• HMRC tells them that a seller operating in their marketplace is not meeting its VAT obligations.

HMRC’s guidance states that if you believe an overseas seller should be paying UK VAT, you should check:

• that they have a valid VAT Registration Number (VRN);
• the location of the seller;
• the location of the goods that will be sold by the seller;
• if the seller, or those directing the seller, have been removed from your online marketplace before;
• how quickly the seller is able to fulfil orders from UK customers;
• how the seller fulfils orders from UK customers; and
• if there’s any information that the seller, HMRC or a third party gives you that might indicate dishonest conduct or failure to meet their VAT obligations.