A recent First-tier Tribunal decision on a farm VAT penalty appeal has put a spotlight on a problem many smaller businesses recognise. Tax rules change. Yet communication can fall short.
In Julian & Anor v HMRC [2026] UKFTT 159 (TC), the tribunal cancelled a £43,438 late VAT registration penalty issued to a small island farming partnership after finding it was reasonable they did not know a key VAT change had taken effect.
The case matters far beyond farming. It highlights how “reasonable excuse” can apply where a rule change was not communicated in a way an ordinary taxpayer could spot, even when the underlying law was in place.
This guide explains what changed in the Agricultural Flat Rate Scheme (AFRS), what the tribunal decided, and what farms and rural businesses should do now.
What happened in the Julian case?
The farming partnership operated on St Martin’s, Isles of Scilly. They used the AFRS, which lets eligible farmers charge a 4% flat rate addition on qualifying sales instead of registering for VAT in the standard way.
A reform announced at the 2020 Spring Budget took effect from 1 January 2021. It tightened the AFRS eligibility rules and introduced a clearer requirement to leave the scheme and register for VAT once turnover went beyond a set point.
The partnership’s farming turnover exceeded the new £230,000 exit threshold, but they did not notify HMRC. HMRC later issued a late registration penalty of £43,438.
Once HMRC raised the issue, the partnership registered and paid a large VAT bill within a year. The tribunal still had to decide whether the penalty should stand.
Why the tribunal cancelled the penalty
The tribunal accepted that the taxpayers had a reasonable excuse.
A key factor was how the change was communicated. The judge described the AFRS amendment as “very significant” yet effectively “hidden away” in specialist material, with limited publicity aimed at ordinary taxpayers.
That point is important. HMRC penalties for failure to notify can be cancelled where a taxpayer shows a reasonable excuse for the failure, then corrects the position without undue delay once aware.
What is the Agricultural Flat Rate Scheme?
AFRS is a VAT simplification route for farming businesses that meet the conditions.
Instead of registering for VAT and reclaiming VAT on purchases, an eligible farmer:
- stays outside standard VAT
- charges a flat rate addition (commonly shown on invoices) to VAT-registered customers on qualifying supplies
- keeps that amount, rather than paying it to HMRC
AFRS reduces admin, yet it is not “set and forget”. The eligibility tests matter, and they change.
What changed from 1 January 2021?
HMRC’s VAT Notice confirms the key AFRS thresholds:
- Entry threshold: farming turnover must be below £150,000 to join
- Exit threshold: members can stay on the scheme until annual farming turnover goes above £230,000
Once you exceed the exit threshold, you are expected to notify HMRC, leave AFRS, and register for VAT (standard VAT rules then apply).
Key point many farms miss
These AFRS thresholds are separate from the general VAT registration threshold.
For most UK businesses, VAT registration becomes mandatory when taxable turnover exceeds £90,000 in a rolling 12-month period (current figure).
So a farming business might face VAT registration because:
- it must leave AFRS after passing the £230,000 AFRS exit point, or
- it exceeds the general £90,000 VAT threshold (depending on supplies and structure), or
- it expects taxable turnover in the next 30 days to exceed the threshold.
The penalty HMRC used: what it is, and why it stings
Late VAT registration penalties can arise under Schedule 41 Finance Act 2008, which applies where a business fails to notify HMRC of liability to register.
HMRC guidance explains that you can challenge a penalty through:
- an HMRC review request (normally within 30 days), or
- an appeal to the tribunal (normally within 30 days of the decision or review conclusion).
In farming, cash flow can be seasonal. A five-figure penalty on top of VAT due can put real strain on working capital, especially where margins stay tight and records are not run through dedicated finance teams.
Practical lessons from this farm VAT penalty appeal case
1) Track the right turnover figure
AFRS uses turnover from farming activities for the entry and exit tests.
Action steps:
- maintain monthly turnover summaries
- separate farming activity turnover from non-farming income in your bookkeeping
- keep a rolling 12-month view, not just year-end numbers
2) Build a “VAT trigger” checklist
A simple checklist prevents missed thresholds.
Use triggers such as:
- farming turnover approaching £230,000
- taxable turnover approaching £90,000
- new income streams (farm shop, holiday lets, events, diversification)
- major contract wins, that could push turnover over a limit within 30 days
3) Do not assume a scheme removes all VAT risk
AFRS reduces admin. It does not remove responsibility.
A farm can still become VAT-registered due to:
- exceeding VAT thresholds
- selling taxable non-farming supplies
- structural changes in the business
- changes in HMRC rules or guidance
4) If you find a missed registration, act fast
The tribunal gave weight to prompt corrective action once the issue came to light in this case reporting.
In real terms:
- register quickly
- quantify VAT due with working papers
- agree a payment plan where needed
- keep an evidence file showing when you became aware and what you did next
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5) Appeals need evidence, not frustration
“Reasonable excuse” is fact-specific. It is not automatic.
Evidence that helps:
- copies of communications received (or not received)
- records showing you ran the business without specialist support
- notes of advice sought
- timeline of discovery and corrective steps
HMRC’s own guidance sets out appeal routes and time limits, so deadlines matter.
AFRS vs standard VAT: A quick comparison
| Topic | AFRS | Standard VAT registration |
| Admin level | Lower | Higher |
| VAT on sales | Flat rate addition (scheme rules) | Charge VAT at correct rate |
| VAT on purchases | No input VAT reclaim | Input VAT reclaim (subject to rules) |
| Key eligibility | Join < £150k, leave > £230k (farming turnover) | Must register over £90k taxable turnover |
| Common risk | Missing exit point | Rate errors, digital records, penalties |
Thresholds and scheme conditions per HMRC guidance.
How We Help Farms Plan VAT
At Apex Accountants, we support farms, estates, growers, and diversified rural businesses with VAT planning and compliance that fits real operations.
Our VAT support typically covers:
- AFRS eligibility checks and exit planning
- VAT registration reviews (threshold monitoring, timing, evidence file)
- VAT return process set-up, plus MTD-ready bookkeeping workflows
- Diversification reviews (holiday lets, farm shops, events, contracting)
- Penalty defence packs, review requests, and tribunal-ready evidence bundles, where appropriate
- Cash flow modelling for VAT liabilities, plus Time to Pay support where needed
If you want a clear position on whether you should stay on AFRS, leave it, or register for VAT, we can review your figures and map the next steps.
Conclusion
The Julian tribunal decision is a reminder that VAT penalties are not always the final word. Where a major change was genuinely hard to spot, a reasonable excuse argument can succeed.
Yet the safer route is prevention.
If your farming turnover is climbing toward £230,000, or your wider taxable turnover is nearing £90,000, put monthly checks in place and get advice early.
Contact Apex Accountants today to review your VAT position and keep your business protected.
FAQs About AFRS and VAT
1) What is the AFRS flat rate addition?
It is a scheme-based addition (commonly 4%) charged on qualifying supplies by eligible farmers, kept by the farmer, rather than paid to HMRC.
2) When must I leave AFRS?
HMRC guidance says you can stay on AFRS until your annual farming turnover goes above £230,000.
3) What is the current VAT registration threshold?
HMRC states the registration threshold is more than £90,000 of taxable turnover.
4) What penalty applies for failing to notify VAT registration?
Penalties can be charged under Schedule 41 Finance Act 2008 for failure to notify liability, depending on facts and behaviour.
5) How do I appeal a late VAT registration penalty?
HMRC guidance explains you can request a review or appeal to a tribunal, typically within 30 days of the relevant letter.
6) Does paying the VAT due remove the penalty?
Not automatically. Payment helps, but penalties depend on notification failures and whether a reasonable excuse exists. The Julian case shows a penalty can still be challenged successfully on the facts.
These are the questions we see most often from farming and diversified rural businesses, based on recurring VAT registration and penalty queries:
7) Do I need to register for VAT once I pass £90,000?
In most cases, yes, when taxable turnover exceeds £90,000 on a rolling 12-month basis, or you expect to exceed it in the next 30 days.
8) I’m on AFRS. Do I still watch the VAT threshold?
Yes. AFRS has its own £230,000 exit test and other conditions, plus general VAT rules can still bite depending on supplies and structure.
9) Can ignorance of a rule change ever be a reasonable excuse?
Rare, yet the Julian decision shows it can happen where the change was poorly publicised and it was objectively reasonable the taxpayer did not know.
10) How long do I have to appeal a VAT penalty?
Normally 30 days, either for review or appeal, depending on the stage.
