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Q: My client is about to enter into a PCP agreement to buy an asset where the VAT is fully recoverable. It has a 3-year initial period and then an optional balloon payment (which, when paid, transfers ownership to my client). We believe this balloon payment is very low in comparison to what we believe the market value would be in 3 years’ time. Under the Mercedes Benz case, should this not be treated as an outright sale at the start seeing as it is almost a certainty that my client will pay this balloon payment? Can we just treat it like a purchase (rather than hire) and claim the VAT at the start?

A: Only if the supplier has issued a VAT invoice to that effect (i.e. for the full asset value + VAT).

In the circumstances you describe, I agree HMRC would view this as a supply of goods, in full, at the outset of the contract, and a separate supply of exempt finance (as opposed to periodic rental services with VAT on each of the periodic amounts). This distinction is for the supplier to determine however, which should be clear from their VAT invoice(s).

If you disagree with the supplier’s VAT treatment it may be worth contacting your client’s supplier to discuss further to see how they have valued it, but this is a commercial matter between them. In terms of your client’s VAT recovery, you must treat the VAT in the same way as their supplier. You cannot decide to claim all the VAT back at the start simply because you believe it should have been treated this way by the supplier. For more information see RCB 1 (2019) or VATTOS9250 & VATSC10172.

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