Cancellation charges & VAT
Background information
Current invoicing procedures:
- Group bookings are asked to confirm final numbers and are issued a final invoice 1 month before the stay. This always is a vat invoice on the full value
- Conference bookings – due to the nature of additional extras etc, conference booking are invoiced for after the event.
HMRC’s view:
- Where the customer uses a cancellation option available and the deposit (even if this is the full value of the room) is retained by the hotelier, as a fixed cancellation charge paid as compensation for the loss suffered as a result of the client default and which has no direct connection with the supply of any service/accommodation for a consideration is regarded as outside the scope of VAT.
- Customers who book hotel accommodation but do not take up that accommodation are subject to VAT as making the room available is a supply for VAT purposes.
Therefore where a customer calls in advance of the day and informs of a Cancellation, this is not subject to VAT.
Where, say, a group booking of rooms are held available and only 8 of the party of 10 turn up, this is not a cancellation but is as described in point 2 of HMRC’s view as having the accommodation available and would be subject to VAT at standard rate.
Invoicing and amendments:
The customer is required for their bookkeeping to be issued a VAT invoice showing the correct amount of VAT charged. As a result the following procedures should be followed:
Conference Bookings: As they receive their invoice after the stay has concluded, any rooms that have been charged for an used should be invoiced with VAT, any charge for rooms that are subject to the cancellation charge should be shown as Outside the scope of VAT on the final invoice so the final invoice shows the correct amount of VAT charged to the customer. Any deposits will be reversed onto the final invoice as normal.
Group Bookings: As this is invoiced for a month before the booking, any subsequent amendments after this point have to be shown on a separate invoice and sent to the customer.
- If the group booking calls to cancel rooms after the final numbers have been given and invoiced for (1 month before stay), then a separate invoice should be raised, showing the credit of the room with VAT, and the cancellation charge for the equivalent gross value with no VAT, as outside the scope of VAT. The invoice will net off back to zero, with the customer not required to pay anything extra, nor receive any refund.
- Where a group booking is confirmed and the rooms are made available to them right up to the point of entry, and only 8 out of 10 customers turned up, this would not be adjusted on any subsequent invoice as this is not seem as a cancellation.
Please note a cancellation option and the terms must be shown on the customers contract or in the terms and conditions of the hotel in order to be able to treat the cancellation as a cancellation charge.
The clause should say something like: Where a hotel accommodation is cancelled after providing final numbers to the Hotel, any cancellations will be subject to our cancellation charge which is equivalent to 100% of the gross cost of each individual room cancelled.