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Q: My client runs a VAT registered restaurant and makes a charge for service. Will VAT be due on this service charge?

A: If the menu or other customer notices states that there is an optional / discretionary service charge, and the customer therefore has a genuine choice of whether to pay this charge, then this receipt will be a gratuity and outside the scope of UK VAT (on the basis it doesn’t represent a supply of anything by the restaurant); the same is true for unsolicited tips given by customers to the staff or restaurant. On the other hand, if the menu or notices simply state that the service charge is included or compulsory, then the service charge will follow the VAT liability of the catering supplied.

Disclaimer

These publications from Markel Tax were correct at the time of going to press and should be considered as principles-based guidance only. To check current validity, call the Markel Tax helpline. ICAEW (as distributor) disclaims all liability for any errors or omissions.

About Markel Tax

Markel Tax offers expert advice on UK tax and VAT via its helpline and provides monthly FAQs with questions and answers on common tax issues for businesses and practitioners.

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