ICAEW.com works better with JavaScript enabled.

TAX NEWS

HMRC maintains current approach to VAT treatment of fund management

Article

Published: 18 Dec 2023 Update History

Following a consultation, the government has confirmed it will keep a list-based approach to the VAT exemption for management of funds.

In December 2022, the government published a consultation on the VAT treatment of fund management services. The consultation proposed to ensure current UK policy is included in UK law. This would establish the VAT liability of fund management without requiring reference to case law and guidance. The aim of the proposal was to provide additional certainty and clarity to taxpayers. 

The proposed approach was to keep the current list of exempt fund types included in Items 9 and 10 of Group 5, Sch 9, Value Added Tax Act 1994. This would ensure continuity of treatment for existing funds. 

Under the proposals, changes would also be made to include criteria in legislation for a fund to be considered a special investment fund (SIF). This is known as a principle-based approach. This would ensure relevant fund management would fall within the exemption, even where the type of fund is not listed in Items 9 and 10. 

HMRC has now published a summary of responses to the consultation alongside a written statement from the Treasury. The responses suggested that the principle-based approach proposed for management of SIFs would cause confusion.  

Furthermore, the government has decided that existing UK VAT legislation covers the vast majority of fund types for which management services should be exempt. It also considers that the current list-based approach provides sufficient legal certainty. On this basis, the government will retain its current approach to this area of legislation. 

The government did note a request from the fund management industry for greater certainty around the definition of ‘management’ of a fund. This will be considered in more detail as part of the review of current guidance.  

The Tax Faculty

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.

More support on tax

ICAEW's Tax Faculty provides technical guidance and practical support on tax practice and policy. You can sign up to the Tax Faculty's free enewsletter (TAXwire) which provides weekly updates on developments in tax.

Sign up for TAXwireJoin the Tax Faculty

More from the Tax Faculty

Latest news
Making tax digital image
TAXwire

Stay up to date with the latest developments in tax by signing up to the Tax Faculty's weekly e-newsletter

Practical guidance
Cover
TAXline

Comprehensive support for Tax practitioners each month from the Tax Faculty and expert contributors.

Technical support
Tax Faculty image
Webinars

Expert advice from the Tax Faculty's technical managers on all the developments in tax policy and practice.

Open AddCPD icon

Add Verified CPD Activity

Introducing AddCPD, a new way to record your CPD activities!

Log in to start using the AddCPD tool. Available only to ICAEW members.

Add this page to your CPD activity

Step 1 of 3
Download recorded
Download not recorded

Please download the related document if you wish to add this activity to your record

What time are you claiming for this activity?
Mandatory fields

Add this page to your CPD activity

Step 2 of 3
Mandatory field

Add activity to my record

Step 3 of 3
Mandatory field

Activity added

An error has occurred
Please try again

If the problem persists please contact our helpline on +44 (0)1908 248 250