Zero-rated Construction: Community Buildings

Zero-rated Construction: Community Buildings

Under Schedule 8, Group 5, the construction of a building that is to be used for a relevant charitable purpose can be zero-rated for VAT purposes. This applies to buildings that will be otherwise then in the course or furtherance of business but can also extend to include village hall type buildings that provide social and recreational activities for a local community.

This relief was the basis for a recent case heard by the First Tier Tribunal where the Appellant sought funding to construct a new pavilion and improve existing facilities to be used for recreational services. The new facilities included changing rooms, a car park and a new all-weather pitch, with the total costs for this project exceeding £500,000. As the Appellant was a charitable association they intended acquire relevant construction services at the zero-rate.

The Upper-Tier Tribunal judged this case on the following four criteria

  1. Were the facilities provided for the local community?
  2. Was the building owned, organised and administered by the local community?
  3. Were social or recreational facilities provided or reasonable capable of being provided?
  4. Was the use similar to the use of a village hall?

After these criteria were assessed, the appeal was refused on the basis that in the main the new facilities being constructed could not be utilised for a variety of social or recreational activities and serviced a special interest group the construction of these facilities were therefore charged at the standard rate.

Notwithstanding the above, many reliefs are available to charitable organisations, including the construction of certain new buildings. If you are a part of one such organisation, please call our free helpline to ensure you are in the most advantageous VAT position possible.

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.