Change in policy for VAT on termination payments
HMRC is changing its policy on termination payments. As a result, some businesses will be entitled to a VAT refund while others will owe more. What’s the full story?

Changing policies
In September 2020 HMRC changed its policy on one-off payments made in connection with a contract, e.g. early termination charges. The change was heavily criticised so in January 2021 HMRC suspended it but said businesses could follow it if they wished. It has now decided to revert, in part, to its pre-2020 policy from 1 April 2022.
A termination or additional payment that broadly puts the parties in a similar financial position as if the contract had continued follows the VAT treatment as payments under the contract. Generally, other payments such as a penalty charge or compensation are outside the scope of VAT.
Payments made to landlords. Dilapidation payments ensure that landlords are not out of pocket if the property is not in the state it was when the lease commenced. The new rule is that such payments are outside the scope of VAT.
Parking fines . The new rule is that the VAT treatment depends on the nature of the charge. If it’s an additional charge for using a space beyond the time originally paid for, it’s VATable. But where it’s a punitive charge, that is, designed to deter overstaying, it’s outside the scope.
Liquidated damages. These are agreed payments that allow for early termination, say, for a mobile phone contract. The new general policy applies if the payment is intended to cover the supplier’s costs or basic payments due under the contract they are VATable. To the extent they are not in this nature, they are outside the scope.
Refer to the new HMRC guidance and then review the VAT treatment of termination payments, fines, etc. since September 2020. Corrections for over or underpaid VAT should be made in the usual way.
Related Topics
-
Changes to registration threshold?
It’s rumoured that the Chancellor will raise the VAT registration threshold from £90,000 to £120,000 to stimulate economic growth. But other reports suggest it could be cut to £30,000 to raise revenue. What would these changes mean for your business?
-
HMRC to raid bank accounts for unpaid tax
HMRC is restarting the use of direct debt recovery for individuals and businesses who choose not to pay the tax they owe despite having the means to do so. Who’s in the firing line?
-
Mortgage interest: don’t miss out on unused relief!
You own a buy-to-let property and need to report your profits for 2024/25. You have a mortgage, but your calculations show that the tax reducer will exceed the rental profit. Will the excess go to waste?