© Copyright Acquisition International 2026 - All Rights Reserved.

Article Image - Understanding VAT Assessments: Key Advice for Businesses
Posted 8th October 2024

Understanding VAT Assessments: Key Advice for Businesses

Declaring and paying VAT is one of the many routine legal responsibilities resting on the shoulders of businesses.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

Understanding VAT Assessments: Key Advice for Businesses
Percent sign on wooden block, calculator, coins stack.

Naz Maqsoom, Associate at Kangs Solicitors

Declaring and paying VAT is one of the many routine legal responsibilities resting on the shoulders of businesses. In an ideal world, this takes place without incident and has minimal impact on the day-to-day operations of the company.

However, in some instances, HMRC may decide to carry out a formal evaluation and/or investigation, if the department believes there is a discrepancy between the VAT a business has declared and what HMRC believes is due. It is crucial for all businesses to understand exactly what this process entails, including time limits on VAT assessments, and what you should do as an organisation to ensure a positive outcome.

Background on VAT assessments

If HMRC believes a company has underpaid on VAT, it will issue a VAT assessment to determine the amount due. This follows procedures set out in the Value Added Tax Act 1994 (Section 73, Failure to make returns etc). If the amount deduced from the assessment is disputed by the company being examined, an appeal must be lodged within 30 days, otherwise HMRC will proceed with measures to recover the debt. This is a key part of the process that businesses must be aware of: if you disagree with the outcome of the assessment, act quickly to challenge it.

HMRC is obliged to raise an assessment within the prescribed statutory period, to ensure that it does not issue a demand for under-declared or over-claimed tax once this period has elapsed. This requirement was emphasised in the recent case of Monmore Properties Ltd [2024] TC 09072. In this case, the First-tier Tax Tribunal upheld an appeal against five VAT assessments which were time-barred when raised by HMRC. The judge stated:

“Tax is undoubtedly due and would have been payable had an assessment been raised timeously. The simple fact is that it was not.”

This judgment is of significant relevance to anyone who has received a VAT assessment from HRMC but believes it was raised out of time. When receiving such an assessment, it is essential to ensure that it relates to the relevant VAT period, and is for the correct amount.

Time limits for VAT assessments: digging deeper

Section 77 of the Value Added Tax Act 1994 states that an assessment of an amount of VAT due must be made within the limits provided, and must not be made after the later of:

  • Two years following the prescribed accounting period
  • Or one year after evidence of facts, sufficient in the opinion of HMRC Commissioners to justify making the assessment, comes to the knowledge of the Commissioners

However, it must also be noted that if further evidence comes to the knowledge of the Commissioners after an assessment is made, a further assessment can be ordered. Knowing the ins and outs of the process, and being prepared for every possible step, is vital for businesses.

Notification of VAT assessments

While the Value Added Tax Act 1994 prescribes time limits for the making of a VAT assessment, it does not prescribe time limits for the notification of such an assessment. The basic rule is that HMRC has a maximum of four years from the end of the VAT period in question to issue a valid assessment, with this period extended to 20 years in the case of fraud.

Once HMRC has completed its inspection and has the information to calculate an assessment, it must prepare and issue it within 12 months. Any Penalty Notice must also be served within two years of deciding how much tax is owed. These rules have been firmed up and reinforced within HMRC following the Monmore Properties Ltd case mentioned above.

There is no specific manner in which a VAT assessment has to be made and notified. However, case law has determined that a letter which clearly contains the decision to assess, and provides details of the amounts outstanding for each VAT period, will suffice.

How to deal with a VAT assessment

If your business receives a VAT assessment from HMRC, it is imperative that all details are carefully checked to ensure that, amongst other things, the relevant VAT period calculations are correct and the assessment follows the rules around time limits.

In any event, seeking independent legal advice upon receipt of an assessment is a good approach, as this enables you to deal with any potential disputes in the most effective way possible. Be aware, be prepared, and you have the best possible chance of a satisfactory outcome in any investigation.

Categories: Finance, News


You Might Also Like
Read Full PostRead - Eye Icon
Is This Just Fantasy?
Innovation
08/10/2021Is This Just Fantasy?

The world of technology has been revolutionized in the last few years by the rise of VR, AR and 3D simulators. Allowing people access to virtual plains where concepts can be thoroughly visualized and explored, these developments can be seen having an effect on

Read Full PostRead - Eye Icon
Finding Fantastic Franchise Opportunities
Leadership
08/02/2021Finding Fantastic Franchise Opportunities

In the current economic climate, the lack of employment opportunities, risk of layoffs, long-term unemployment outlook, and competition in the workplace have led to higher stress on the job and much lower satisfaction in the daily grind. COVID-19 has left the

Read Full PostRead - Eye Icon
A Deep-Dive into Mergers & Acquisitions in the Age of Mass Tort
News
07/08/2023A Deep-Dive into Mergers & Acquisitions in the Age of Mass Tort

Mergers and acquisitions are a part of business growth, with the former allowing businesses to join arms to increase their financial muscle power. In contrast, the latter allows businesses to buy out their competition or diversify. While they come with advanta

Read Full PostRead - Eye Icon
How to Choose the Best Tax Lien Service for Your Business
News
23/05/2025How to Choose the Best Tax Lien Service for Your Business

Suppose your organization faces back taxes, penalties or collections from the Internal Revenue Service (IRS). In that case, firms with the best tax lien services for businesses may be able to help you reduce the owed amount. The following tax resolution compan

Read Full PostRead - Eye Icon
Strong Values Which Breed Success
Leadership
30/08/2019Strong Values Which Breed Success

SMTD Law LLP is a construction boutique law firm representing clients ranging from Fortune 100 companies to small businesses. Recently, Marilyn Kilnger found success in AI’s Leading Adviser 2019 where she was selected as the Leading Construction Disputes Law

Read Full PostRead - Eye Icon
Norbord’s and Ainsworth’s Merger
M&A
28/05/2015Norbord’s and Ainsworth’s Merger

Norbord's and Ainsworth's Merger

Read Full PostRead - Eye Icon
Wesco Aircraft Acquired by Affiliate of Platinum Equity, Combined with Pattonair at Closing
M&A
13/01/2020Wesco Aircraft Acquired by Affiliate of Platinum Equity, Combined with Pattonair at Closing

The combined company, which will be headquartered in Valencia following closing, becomes a $2.4 billion business with a global footprint in 17 countries and more than 4,000 employees. The combined company will serve more than 8,400 customers, including many of

Read Full PostRead - Eye Icon
How the Motor Industry will Evolve in the Next Decade
Innovation
16/02/2023How the Motor Industry will Evolve in the Next Decade

The automotive industry has changed enormously over the last decade. Just ten years ago, battery electric cars were a strange novelty, rarely seen out on the road.

Read Full PostRead - Eye Icon
How to Develop Strategic Partnerships in the Home Improvement Industry
News
05/05/2023How to Develop Strategic Partnerships in the Home Improvement Industry

Every industry niche has opportunities within it for organizations to join forces and benefit from building a business partnership together.



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow