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Government publishes draft legislation detailing how VAT will be accounted for under statutory deposit schemes.

With Scotland’s deposit return scheme being launched on 16 August 2023, the UK government has asked for feedback on its proposals for the VAT treatment of these schemes.  

Under the proposals, the deposit amount will be excluded from the taxable amount for VAT purposes when qualifying sales are made. As a result, output VAT will only be due on deposits collected for drink containers that are not returned for recycling. 

Announced at Spring Budget 2023, the government published draft legislation that will amend the VAT regulations. The legislation will apply to future deposit return schemes launched in the UK that are specified by HMRC. 

The draft legislation sets out who must account for VAT. It also provides for regulations to establish when and how they must do so. These regulations are being consulted on by government. 

ICAEW’s Tax Faculty intends to respond to the consultation. It welcomes views from members on whether the draft legislation achieves its intended purpose, and whether it may lead to unintended consequences. If you have comments, please contact Ed Saltmarsh by 28 April. 

A VAT notice containing additional rules will be published in due course. 

Further reading 

ICAEW’s Tax Faculty is recognised internationally as a leading authority and source of expertise on taxation. The faculty is the voice of tax for ICAEW, responsible for all submissions to the tax authorities. Join the Faculty for expert guidance and support enabling you to provide the best advice on tax to your clients or business.


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