I should explain that the flat rate scheme which applies to unregistered farmers seeks to compensate them for the VAT charged to them on their purchases of goods and services. The scheme sets out a percentage amount known as the flat rate amount, which is currently 4.3%. Unregistered farmers add this amount to their prices when they sell their produce to VAT registered businesses.
Farmers as with most taxable persons have the option to register, if they choose. However as most food supplied by farmers is zero rated, they would be in a permanent VAT repayment position if they were required to be registered. This would create significant administrative burdens for both the farmers and the tax administration. The flat rate scheme avoids the need for such farmers to comply with the normal VAT registration and record keeping rules and relieves the State of a significant administrative burden. There is also direct legal provision for the farmers flat rate scheme in the sixth EU VAT directive.
Article 24 of the sixth VAT directive does provide for member states, which might encounter difficulties in applying the normal rate scheme to small undertakings by reason of their activities or structure, under conditions as they set out themselves, to apply simplified procedures such as flat rate schemes for the charging and collecting of tax, provided there is no reduction in the amount of tax to be collected. Any such change could only be made subject to consultation with the VAT committee in Brussels. Any change in the treatment of such persons would have to comply with the requirements set out in the directive before it would be possible to make any change.
I am not convinced that the conditions exist within the building industry as required under the terms of the directive which would meet the requirements for such a change to be made at this time.