Fund Management VAT: Consultation Findings and Ministerial Statement Unveiled

"Government Decides to Retain VAT Exemption for Fund Management Services, Ensuring Clarity and Certainty for Stakeholders"

The HM Treasury has recently published a comprehensive report summarizing the feedback received during the consultation on the VAT treatment of fund management. The main objective of this initiative is to bring clarity and certainty to stakeholders, while also reducing reliance on retained EU law. After carefully considering the responses, the government has decided to maintain the VAT exemption for fund management services, specifically under Items 9 and 10 of Group 5, Schedule 9 of the VAT Act 1994. It is worth noting that the government will update its guidance to reflect this decision. Additionally, it is important to highlight that any new fund types will require amendments to the VAT Act 1994. Furthermore, the Ministerial Statement confirms that businesses will no longer be able to rely on the direct effect of EU law after December 31, 2023. The information has been sourced from KPMG.

This latest development regarding the VAT treatment of fund management services has been eagerly anticipated by stakeholders within the industry. The consultation process provided an opportunity for businesses and individuals to express their views and concerns, which have now been taken into account by the government. The decision to maintain the VAT exemption for fund management services will undoubtedly have a significant impact on the sector and its various players.

The government’s commitment to providing clarity and certainty is commendable, as it will enable businesses to plan and operate more effectively. By removing the reliance on retained EU law, the government is taking a proactive approach to ensure that the UK’s VAT regime is robust and fit for purpose in a post-Brexit era. This decision will not only benefit businesses operating within the fund management industry but also contribute to the overall stability and growth of the UK economy.

It is important to note that the government’s decision does not mean a complete lack of change within the VAT treatment of fund management services. Any new fund types that emerge in the future will require adjustments to the existing VAT Act 1994. This demonstrates the government’s willingness to adapt and evolve the VAT regime to accommodate the changing needs of the industry. It also highlights the importance of ongoing engagement and collaboration between the government and stakeholders to ensure that the VAT treatment remains relevant and effective.

The update to the guidance is a crucial step in providing clarity to businesses operating within the fund management sector. Clear and concise guidance will enable businesses to understand their VAT obligations and ensure compliance with the law. This will help to minimize any potential confusion or disputes that may arise in relation to the VAT treatment of fund management services. The government’s commitment to updating the guidance reflects its dedication to supporting businesses and promoting a transparent and efficient VAT regime.

The Ministerial Statement’s confirmation that businesses cannot rely on the direct effect of EU law after December 31, 2023, is an important reminder of the changes brought about by Brexit. As the UK continues to forge its path outside of the EU, it is essential for businesses to understand and adapt to the new legal landscape. The government’s decision to maintain the VAT exemption for fund management services under domestic law reinforces the UK’s autonomy in setting its own VAT policies. It also provides businesses with a clear framework within which they can operate and plan for the future.

In conclusion, the government’s decision to maintain the VAT exemption for fund management services is a significant development for the industry. It reflects the government’s commitment to providing clarity and certainty for stakeholders, while also reducing reliance on retained EU law. The update to the guidance will ensure that businesses have the necessary information to understand and comply with their VAT obligations. It is important for businesses to be aware of the upcoming changes and to adapt their practices accordingly. By doing so, they can continue to thrive in a post-Brexit environment and contribute to the growth and success of the UK economy.

Barry Caldwell

Barry Caldwell

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