How VAT works – in detail

The essence of VAT is that it should be borne economically by the ultimate consumer of the goods and services supplied. Traders may, generally, deduct an amount equal to the VAT on supplies to them from the VAT that they charge on supplies and account only for the difference to HMRC. Therefore, at each stage of the chain between the first supplier and the ultimate consumer, the net VAT paid is on the value added at that specific stage. 

Although the tax is borne ultimately by the consumer, it is the supplier that is required to account to HMRC for the VAT chargeable on the supply. This means that VAT is the liability (and responsibility) of the person making the supply. HMRC has conceded that it cannot pursue third parties for unpaid VAT and the First-tier Tribunal has set out a useful list of factors that all taxpayers should consider when determining the identity of a supplier for VAT purposes as part of complex arrangements.

The supplier, normally, passes that liability on to its customer by identifying the price that it would have charged for its supply in the absence of VAT and increasing that price by an amount equal to the VAT that is, in fact, chargeable on the supply. A supplier's liability to pay VAT is, therefore, simply another expense that should be taken into account when setting the price to be charged for the goods or services. The only difference from other expenses is that the additional amount paid by the recipient of the supply in respect of VAT is separately delineated and may be recoverable as input tax.

Taxpayers either quote their prices inclusive of VAT or exclusive of VAT (for example, £100 exclusive of standard rate VAT). Taxpayers that deal predominantly with private individuals (for example, retailers) tend to quote their prices inclusive of VAT while others tend to quote exclusive of VAT. Where the consideration for the supply of goods or services is quoted by a supplier, and the contract is silent as to VAT, the consideration is deemed to be inclusive of VAT. This means that it is in the interests of the supplier to quote consideration as exclusive of VAT. Conversely, when acting for recipients of goods or services, it is in their interests to ensure that consideration is quoted as inclusive of VAT. 

A taxable business person is entitled to credit for so much of his input tax as is attributable to the taxable supplies that he makes. It is clear that a taxable person cannot claim input tax credit for VAT charged on supplies of goods or services unless those supplies are made to him. Usually, the recipient of a supply will be obvious. However, from time to time the higher courts have been asked to determine whether a person that has paid for a supply is the recipient of that supply and, therefore, entitled to an input tax deduction for the VAT paid.