Budget 2018: Significant VAT Change for the Construction Sector

VAT is a particularly complex tax for the construction sector, with multiple VAT rates potentially applying to a property development. This makes it easy for a supplier to charge the wrong rate of VAT; also, the recipient of the supply may not be aware that this has occurred resulting in an over claim of VAT and the exposure to an assessment.

To add to the complexity, the budget has confirmed that a significant change to VAT accounting for businesses within the construction sector will come into force from 1 October 2019. This change had been previously announced but few in the construction industry seem aware of the change or are taking steps to amend systems so that VAT is accounted for correctly once the changes come into effect.

Those supplying certain building and construction services to other builders and not to the end property owner will no longer charge VAT; instead the customer will self-account for VAT by making a reverse charge. The aim is to combat potential frauds within the sector involving input VAT claim frauds.

This change will require affected businesses to make major changes to their accounting system to ensure that VAT invoices are not issued in error for specified services and the reverse charge is correctly accounted for by the recipient. This is likely to create some headaches for businesses, particularly those involved in “mixed’ property developments where the reverse charge may relate to constructing zero rate new dwellings, reduced rate conversions resulting in a change in the number of dwellings and standard rate commercial units.

The change comes into effect from 1 October 2019 and will therefore follow relatively shortly after Making Tax Digital (“MTD”) comes into effect.

If you supply construction services or advise businesses that supply such services it would be sensible to seek further advice on what this change or any other VAT issues will mean to your business or your client. We welcome calls from builders and their advisors on any VAT issues on our free VAT helpline.

Related posts

Place of supply of services

A case was recently heard by the Upper Tribunal relating to the place of supply of services made by the Appellant, Mandarin Consulting Ltd, who provided career coaching to students of Chinese origin.

D.I.Y Builders Scheme

Mr Smith, the Appellant in this instance, converted a barn adjoining his property into living accommodation for which planning permission was obtained. In 2007, when 60% of the work had been completed, Mr Smith became aware that he may be able to recover the VAT element of the costs incurred in the course of converting the barn by way of the DIY builder's scheme and a claim was subsequently submitted.

Input Tax Recovery - Intending Trader

The VAT recovery position of intending traders has formed the basis of several court decisions in recent times, and this was again addressed in the case of Hedge Fund Investment Management Ltd (“HFIML”), heard by the First-Tier Tribunal. HMRC had raised an assessment in relation to input tax recovered by the business, on the basis that there was no link to any taxable economic activity. Furthermore, a penalty assessment was raised in relation to the recovery of this input tax for careless behaviour.