Putting it on expenses
Many businesses will incur entertaining expenses as
part of their day-to-day running costs. Most such expenditure
will include an element of VAT so the question is whether
businesses can claim back that VAT on their VAT returns.
What
is business entertainment?
According to HM Customs and Excise (HMCE), entertainment
expenditure:
- includes an element of entertainment; and
- is
provided free for people who are not employees
(non-employees).
HMCE also states that entertainment costs could include
any of the following:
- food and drink
- overnight accommodation
- theatre, concert or sporting tickets; and
- free use of assets such as yachts
or villas.
It is impossible to give you a complete list of all
the situations that you could meet. The important thing
is to apply the rules to each situation.
Blocked VAT
Although there is VAT on the entertainment expenditure,
HMCE will not allow traders to claim it back on their
VAT returns, it is said to be blocked.
For example, if a solicitor and her client have a
meal at a restaurant that costs £58.75 including
VAT, the restaurant will have to pay the VAT element
(£8.75) to HMCE on their next VAT return. The
solicitor cannot claim that VAT back on her tax return
because she was entertaining a client.
How does HMCE
treat subsistence costs?
Subsistence expenditure is incurred when an employer
pays an employee for their expenses while away from
work on company business, such as going on a business
trip or attending a meeting.
For example, if an employee is working away from home
and has to stay overnight in a hotel, those subsistence
costs will usually include VAT. The employer can normally
claim back the VAT on the hotel and overnight costs.
The
important points here are:
- that the expenditure is
incurred solely by the employee carrying out their
employer's business
- that there are no clients or customers present.
If the employee takes a client out for a meal while
they are working away from home, that meal would be
an entertainment expense. However, because a non-employee
is present, the employer cannot claim back the VAT.
It is vital that businesses keep good records to show
what expenditure was incurred and who attended each
event (whether any non-employees were present).
We at Appletons have many years experience helping
our clients make the most of their entitlements in
this area.
If you need any advice on whether you can claim back
VAT on any entertaining expenses, give us a call!