Some businesses argued that their supplies of hot take-away food should be zero-rated in accordance with the ECJ’s ‘Bog’ decision. HMRC does not accept that the decision has any implications for UK taxpayers – see VFOOD4120. This means that most supplies of food and drink made by the union, where the food is sold for consumption in the course of catering will be exempt (read sections 2 and 3 of this guidance). For example, food and drink coffee shop accounting sold from canteens, refectories and other catering outlets (excluding bars), plus food and drink sold from vending machines situated in canteens and similar areas. The retailer in example 1 decides to keep its pasties under heat lamps to slow the cooling process. In this example, Test 3 is met as the pasties are being kept hot after they have been cooked and the sale of the pasties is standard-rated (or temporarily reduced rated).
VFOOD7720 – Excepted items: beverages: coffee and cocoa products
- So it’s important to know what ‘premises’ means as there’ll be times when it’s not just the outlet where your business is situated.
- Sports energy and nutrition drinks are specifically standard-rated with effect from 1 October 2012 under the VAT Act 1994 schedule 8, group 1, excepted item 4A.
- We say overstating rather than understating, because more often than not, if staff don’t ask where the goods are to be consumed, they’re charging customers the takeaway (zero-rated) price.
- It should be able to produce useful sales reports to help you monitor your business.
(This isn’t the only approach – there are millions of ways to grow a business). This doesn’t necessarily mean you should prioritise https://www.bookstime.com/ revenue growth. Lots of small businesses generate healthy profits and lots of large conglomerates don’t make any money at all.
The takeaway tax: Why cafes and coffee shops are at risk of VAT mistakes
Food and drink for human consumption are often zero ratedwhen supplied by a retailer. However, food and drink are usually standard ratedfor VAT when provided as part of a catering service. Cold takeaway food is zero rated, unless it’s on the list of exceptions.
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- As long as you issue a separate tax invoice for these goods or services when you charge them on to your principal, you should merely record the VAT inclusive amount in your profit and loss account.
- Many additives are included in foodstuffs for commercial rather than nutritional reasons, for example, to prolong shelf life or improve appearance.
- You have to pay a fee based on the number of employees you have.
- Biscuits covered or partly covered in chocolate or some other products similar in taste and appearance to chocolate are standard-rated.
Hot takeaway drinks are standard-rated (or temporarily reduced rated as long as they are non-alcoholic). If you’re the proprietor of a restaurant, café or other catering establishment and you supply yourself or your family with meals, this is not regarded as catering and you need not account for VAT on those meals. Taking into account all the relevant facts and circumstances, it’s the purpose of the supplier (and not the customer) in heating the food or drink that’s the determining factor.
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This test confirms that the sale of food or drink that’s been heated to the customer’s order is standard-rated (or temporarily reduced rated). Most cold drinks are actually standard rated – includingjuices, smoothies, bottled water and non-alcoholic beverages. Most cold drinks are actually standard rated – including juices, smoothies, bottled water and non-alcoholic beverages. So when an order meets HMRC’s criteria for catering, it is standard rated. This is true even if the underlying food or drinks are usually zero rated. While you may consider coffee an essential part of your daily life, many tax offices would disagree.
Lower VAT rates on coffee under VAT OSS in selected EU countries – summary
- In some cases only part of a product will be hot and the new Notes to the VAT Act introduced with effect from 1 October 2012 ensure that such products are standard-rated provided any one of the 5 above tests are met.
- Savoury snacks not falling within one or other of these 3 categories are zero-rated.
- It does not matter whether you supply these unprocessed foodstuffs direct to the public or for use as ingredients in the manufacture of processed foods, provided they’re fit for human consumption.
- If you goal is to make money now, then you should prioritise profit or cash flow.
- This includescatering for a wedding, delivery of ready-to-eat meals, or the provision ofpacked lunches.
- (d) Profit and loss account – if you provide the canteen owner with a profit and loss account, you must show the VAT inclusive amounts spent on food and received from supplies of meals.