What is a VAT assessment and can I appeal it?

A VAT assessment is HMRC's estimate of VAT it believes you owe, issued under section 73 VATA 1994 when it isn't satisfied a return is complete or accurate. You can ask HMRC to reconsider, request a statutory review, or appeal to the First-tier Tribunal, normally within 30 days of the assessment.

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Do this first

Read the assessment carefully to see how HMRC reached the figure.

If the reply date on your letter is within 14 days, call 020 3441 1258 rather than waiting, or check the reply to an enquiry you have already sent.

Key facts

Statutory basis
Section 73 Value Added Tax Act 1994, failure to make returns
Applies to
Missing, late, incomplete or disputed VAT returns
Time limit to appeal
30 days from the date of the assessment
Assessment time limits
Generally 4 years, extended for careless or deliberate errors
Appeal route
HMRC statutory review under section 49, then First-tier Tribunal under section 83

The short answer, explained

A VAT assessment is HMRC putting a figure on what it believes you should have paid, because it disagrees with your return or you haven't submitted one.

It's an estimate based on the information HMRC has, which might come from your trading history, industry norms, or evidence gathered during a compliance check. It isn't automatically correct, and you're entitled to challenge it.

You have the right to ask HMRC to look again, request an independent internal review, or take the matter to the First-tier Tribunal if you believe the assessment is wrong.

The rule behind it

Section 73 VATA 1994 gives HMRC power to assess VAT to the best of its judgement where returns are missing, incomplete, or where it isn't satisfied they're accurate.

Time limits for raising an assessment generally run for a set number of years from the relevant VAT period, extended where HMRC can show careless or deliberate behaviour caused the loss of tax.

Section 83 VATA 1994 lists assessments among decisions you can appeal, and section 49 allows a statutory review by an HMRC officer not previously involved, before matters reach the tribunal.

What this means for a limited company director

An assessment creates an immediate debt on your VAT account, even while you're disputing it. HMRC can pursue payment unless you've formally appealed and, in some cases, arranged to pay under protest or agreed hardship terms.

The burden is effectively on you to show the assessment is wrong, using your own records and calculations, since HMRC's estimate stands until displaced by better evidence.

Directors should treat an assessment as a trigger to review their VAT position thoroughly, not just the specific period assessed, since errors often repeat across several returns.

What this costs you

The immediate cost is the assessed VAT itself, plus interest calculated by reference to the Bank of England base rate from the date it fell due.

If HMRC concludes the underpayment was careless or deliberate, a separate penalty under Schedule 24 Finance Act 2007 can follow on top of the assessment.

Growth plan clients get free tax investigation insurance included, which can cover professional costs of challenging an assessment. See /fees to compare what each plan covers.

Common mistakes to avoid

Don't miss the 30-day window to challenge an assessment; once it passes, the figure generally becomes final and payable.

Don't pay the assessment without querying it if you believe it's wrong. Paying doesn't automatically waive your right to appeal, but it's better to clarify your position first.

Don't submit an appeal without supporting calculations. A bare disagreement rarely succeeds; you need to show HMRC's figure is incorrect and why.

What to do next

  1. Read the assessment carefully to see how HMRC reached the figure.
  2. Compare it against your own VAT records and identify any discrepancy.
  3. Contact HMRC informally first if the error looks straightforward.
  4. Request a statutory review or lodge an appeal within 30 days if HMRC won't amend it.
  5. Get specialist advice before proceeding to the First-tier Tribunal.

Where we can help

Sources

About the author

Waqas Sagar ACA FCCA FMAAT, Managing Director. 18+ years advising UK directors on HMRC enquiries, supported by a team with over 100 years' combined experience.

Reviewed: 16 September 2026 · Next review: 16 March 2027

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