5. Existing Contracts
What impact does the rate change have on the price stipulated in an existing (pre 1 December) contract that has not yet completed? At what rate is VAT due?
The consideration payable under the contract will decrease to reflect the change in the rate of VAT where the following conditions are satisfied:
� The supply is made after 30 November (applying the tax point rules summarised in 1 above); AND
� the contract does not provide otherwise.
The Seller should, unless the agreement states otherwise, collect VAT from the Buyer at the new rate. The purchaser is therefore required to pay less than the originally agreed consideration.
http://www.theretailbulletin.com/news/vat_rate _change_the_practicalities_for_retailers_26-11 -08/
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No invoice should have been previously raised therefore the basic tax point for the transaction would occur when the lower VAT rate is in force. Having agreed a VAT inclusive price their is absolutely no justification for the seller to recalculate the pre-VAT figure to arrive at the previously agreed total.
e.g. for a car VATed on the full selling price:
agreed �9400 (inclusive of VAT) before 1st December
= �8000 + �1400 (VAT @17.5%)
if supplied on or after 1st December the price should be
=�8000 + �1200 (VAT @15%)
and not the sharp practice of
=�8173.91 + �1226.09 (VAT @15%)