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Originally Posted On: https://thevatconsultancy.com/toms-vat-uk/
At The VAT Consultancy, we recognise that the travel industry has a plethora of complex VAT rules to get to grips with, not least the nuanced framework of the Tour Operator’s Margin Scheme (TOMS). This can be a daunting challenge for businesses in the travel and tourism sector. As your dedicated VAT partner, we can guide you through the intricacies of TOMS, offering bespoke solutions that align seamlessly with the specific needs of your business.
Understanding Your TOMS Journey
Navigating TOMS VAT requires a keen understanding of the ever-evolving rules that govern the travel industry. Our team at The VAT Consultancy not only has significant expertise from providing VAT travel advice to the sector since the mid 1990s, but also has the commitment to providing you with the insights needed to traverse this complex landscape with confidence.
Tailored Solutions for Your Business:
We understand that every business within the travel sector is distinctive in its operations. Our commercial understanding of these variations gained over the years of providing TOMS and other VAT travel advice means we are well placed to provide you with advice that is appropriate to your specific activities. Our approach involves crafting customised solutions that specifically address the challenges and opportunities presented by TOMS and other VAT rules relevant to the travel sector, ensuring your business is not only compliant but strategically positioned for growth. From providing expert guidance on VAT calculations to offering proactive insights that enable you to eliminate any unnecessary VAT costs, The VAT Consultancy is here to support your business at every step.
Navigating the Tour Operator’s Margin Scheme (TOMS)
Join us as we delve into the intricacies of TOMS VAT, ensuring that your business is not only compliant but well-positioned for success in the dynamic world of travel and tourism. Contact The VAT Consultancy today– where expertise meets excellence in VAT navigation.
What is TOMS VAT?
The Tour Operator’s Margin Scheme (TOMS) is a unique VAT accounting mechanism designed for certain businesses operating within the travel industry. Its primary goal is to simplify the VAT process for tour operators by standardising the treatment of VAT on certain supplies and services. Since Brexit UK tour operators face revised rules whilst EU established tour operators continue to benefit from the is simplification which reduces the number of overseas VAT registrations required.
Businesses Affected by TOMS VAT
The Tour Operator’s Margin Scheme (TOMS) VAT has a far-reaching impact on businesses within the travel and tourism sector. The scheme applies to a range of enterprises involved in the supply of travel services. The following businesses are typically required to use TOMS:
Tour Operators:
Tour operators are at the forefront of businesses impacted by TOMS VAT. Whether organising package holidays, group tours, or providing guided excursions, EU and UK tour operators must adhere to the TOMS framework in their VAT accounting. For VAT, ‘tour operator’ is the term used to describe a business selling travel arrangements in its own name, where these have been sourced from 3rd party suppliers and are on sold either as standalone components or as a package.
Travel Agents:
If selling in their own name, travel agencies selling travel packages, whether online or through traditional channels, can fall under the purview of TOMS. NB TOMS doesn’t apply to travel agents acting as intermediaries arranging the sale of travel arrangements by someone else. They therefore need to be able to distinguish between the two when they act in both capacities.
Travel Organisers:
Entities responsible for coordinating and arranging travel services, such as planning itineraries, securing accommodations, and managing transportation, can also be subject to TOMS if selling in their own name. This category includes businesses specialising in event travel planning.
Event Organisers:
Businesses organising events that involve travel services, such as conferences, seminars, or incentive trips, may be affected by TOMS. The scheme considers the travel-related aspects of these events when determining VAT liabilities.
Accommodation Providers in Certain Cases:
While not all accommodation providers are subject to TOMS, those offering accommodation they have sourced from 3rd parties and are selling in their own name either as a standalone or as part of a package deal may fall under its scope. 6
Passenger Transport Providers:
Businesses selling passenger transport services they have bought in, such as airlines, cruise lines, and coach operators, are within the ambit of TOMS. The scheme includes the transportation component of a travel package when calculating VAT liabilities.
Supplies Covered by TOMS
The Tour Operator Margin Scheme (TOMS) applies when certain travel services (known as ‘margin scheme supplies’) are bought in from a third party and on sold without the components being changed (known as ‘materially altered’):
- Margin scheme supplies – this includes the following:
- Accommodation
- Passenger transport
- Airline lounges
- Travel guides
- Hire of means of transport
- Trips and Excursions
- Catering, admission tickets and sports facilities but only when packaged with one of the above.
- Without Material Alteration – this means the travel components are on sold without being changed. For example, the hire of a means of transport does not have a driver and fuel added to it to change it to passenger transport. Material alteration would include for example buying in hotel accommodation for a season and adding catering staff to provide catered accommodation.
To fall under the Tour Operator’s Margin Scheme (TOMS) it is not necessary for a package to be created – the individual margin scheme components listed above can be sold as standalone travel services and still fall with TOMS.
Understanding the specific supplies covered by TOMS is crucial for businesses to accurately calculate their VAT liabilities. While the scheme simplifies the process by focusing on the margin, businesses must carefully identify and account for each eligible supply to ensure compliance with TOMS regulations. Additionally, keeping abreast of any updates or changes in the VAT treatment of specific supplies is essential for businesses navigating the intricacies of TOMS.
How TOMS Works
TOMS is an EU VAT scheme but the UK adopted a form of TOMS following Brexit, with many aspects of the EU rules being retained. However, some key changes were made, so that UK TOMS VAT is only due on the standard rated (eg accommodation) element of the margin for UK travel (no UK VAT is due on the zero rated elements such as passenger transport or on non UK travel).
Basic Mechanism:
TOMS operates on a margin-based system, focusing on the difference between the buying and selling prices of travel services in the VAT return period (as opposed to being calculated on each individual sale). Instead of applying VAT to the entire selling price, VAT is calculated only from the profit margin made by the business.
Calculating the Margin:
The margin is calculated by deducting the VAT inclusive cost of certain goods and services directly related to the travel package from the total selling price. These costs typically include accommodation, certain passenger transport services, and other directly attributable costs. Overhead costs are not included in the calculation.
VAT Calculation:
VAT is then calculated from this margin which is treated as being inclusive of standard rated VAT (although for UK TOMS calculation there is now the ability to apportion the margin so VAT is not paid on the zero rated elements eg passenger transport). As the calculation is done each VAT return period, with an annual true up also being done, this approach streamlines the VAT accounting process for tour operators.
Benefits of TOMS
It is fair to say that TOMS has a reputation for being complex, likely due to the fact the VAT due is calculated on a different basis to usual. However, there are numerous benefits to using TOMS as opposed to the normal VAT rules although it is important to bear in mind that TOMS is not optional, generally speaking businesses cannot choose between TOMS and the normal VAT rules:
Reduced Overseas VAT Compliance Costs
The EU TOMS scheme was devised to reduce the number of overseas VAT registrations tour operators would otherwise need if they sell travel arrangements taking place within the EU. For example hotel accommodation is subject to VAT where the hotel is located, so without TOMS a tour operator would need to register for VAT in each country in which its travel takes place and would account for VAT under the normal VAT rules, recovering VAT on the hotel cost and paying VAT on the sale of the hotel accommodation. Multiple VAT registrations create a significant cost for businesses. With TOMS the VAT is paid at the rate in the country the business is established in.
Simplified VAT Accounting:
TOMS alleviates the administrative burden associated with calculating VAT on individual components of a travel package. Businesses benefit from a simplified accounting process, reducing the likelihood of errors on individual transactions.
Disadvantages of TOMS
Complexity of Compliance:
While TOMS simplifies certain aspects of VAT accounting, it introduces complexity in terms of understanding the eligible costs and ensuring accurate calculations, particularly if the business has other non TOMS activities. The TOMS rules demand a thorough understanding of the scheme’s intricacies.
VAT due on Zero Rated Passenger Transport:
Under TOMS VAT is due on the full margin, meaning any zero rated passenger transport elements such as flights, trains etc are taxed when they otherwise wouldn’t be under the normal VAT rules. In addition there is no VAT on the cost of buying in passenger transport which increases the margin and therefore the VAT due.
VAT Invoices
VAT invoices cannot be provided to customers for TOMS supplies. Ordinarily this doesn’t matter when customers are private individuals, but in some cases TOMS travel arrangements may be sold to businesses and they will be unable to recover the VAT accounted for by the tour operator, increasing the cost.
Navigating TOMS with The VAT Consultancy
At The VAT Consultancy, we understand the intricacies of TOMS and the impact it can have on your business. We can help you navigate this complex landscape with confidence.
Expert Guidance for TOMS Compliance:
The VAT Consultancy brings a wealth of expertise to the table, offering bespoke solutions and services tailored to the specific needs of your business. Our team of seasoned professionals is well-versed in TOMS VAT regulations, ensuring that your VAT accounting aligns seamlessly with the requirements of this specialised scheme.
Mitigating Challenges, Maximising Benefits:
While TOMS introduces challenges, it also presents opportunities for businesses to streamline their VAT processes. The VAT Consultancy is here to guide you through the complexities, helping you mitigate challenges and maximise the benefits that TOMS offers to your enterprise.
Your Partner in TOMS Compliance:
As your trusted partner in TOMS compliance, we go beyond conventional consultancy. We provide proactive insights, continuous support, and strategic advice to ensure that your business thrives in the evolving landscape of the travel and tourism industry.
Get in contact
Whether you’re a tour operator, travel agent, or a business providing related services, our team is dedicated to assisting you in navigating travel VAT. Contact us today to schedule a consultation and discover how we can tailor our expertise to suit the unique needs of your business. Let The VAT Consultancy be your partner in the world of travel VAT, guiding you towards efficiency, compliance, and sustainable growth.
Your TOMS journey starts here. Contact The VAT Consultancy and experience the difference.
