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Where Taxpayers and Advisers Meet

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by les35
Tue Jul 05, 2011 5:33 pm
Forum: VAT & Excise Duties
Topic: 'Doing up' a listed farm building
Replies: 1
Views: 730

Re: 'Doing up' a listed farm building

Zero rating is allowed for an ' approved alteration ' to a Listed Building. This requires formal Listed Building Consent from the local Planning Authority. You are correct that works of repair and maintenance will remain standard rated. Although the option to tax is a secondary point, do be careful ...
by les35
Mon Jun 13, 2011 5:32 pm
Forum: VAT & Excise Duties
Topic: VAT on Listed Building Residential Annex Alterations
Replies: 6
Views: 1510

Re: VAT on Listed Building Residential Annex Alterations

It does look like the 5% rate would work, rather than 0%.
However it does depend on the wording of Planning Permissions, Listed Building Consents, Schedule of Works, etc.
The 5% rate is not automatic, and does have its own conditions, although they are less strict than apply for zero rating.
by les35
Thu Jun 02, 2011 11:21 am
Forum: VAT & Excise Duties
Topic: VAT on Listed Building Residential Annex Alterations
Replies: 6
Views: 1510

Re: VAT on Listed Building Residential Annex Alterations

I have spoken to a number of builders about this type of work. Some are very comfortable, having had experience themselves. Others are definitely not comfortable, fearing investigation from the VAT-man! The issue is that it is the builder's VAT Return that is potentially wrong! Open up a dialogue wi...
by les35
Fri May 27, 2011 11:56 am
Forum: VAT & Excise Duties
Topic: Property Build VAT Query
Replies: 4
Views: 1153

Re: Property Build VAT Query

Subject to sight of the Planning and other documents, the 'Restriction on Use/Disposal' precludes zero rating. The 5% does look more likely. Again, however, sight of documents and plans will be important to confirm either way.
by les35
Fri May 27, 2011 11:15 am
Forum: VAT & Excise Duties
Topic: VAT Surcharge Assessments
Replies: 3
Views: 857

Re: VAT Surcharge Assessments

A further question is whether the penalty amount is proportionate. If the quantum of the penalty amount is disproportionate, then it can be challenged. This follows a Tribunal case (Enersys Holdings Ltd). This might prove a possible route.
by les35
Thu May 26, 2011 4:52 pm
Forum: VAT & Excise Duties
Topic: Property conversion VAT Claim query
Replies: 2
Views: 685

Re: Property conversion VAT Claim query

The question regarding Completion depends on whether Completion relates to each individual dwelling. On the basis that there will be a Certificate of Completion for each one, the clock would start for each one. Of course that means that the invoices will have to be maintained separately. The fact th...
by les35
Fri May 13, 2011 9:18 am
Forum: VAT & Excise Duties
Topic: VAT, construction and disabled access
Replies: 2
Views: 735

Re: VAT, construction and disabled access

the HMRC publication is Notice 701/7, chapter 6. The legislation is VAT Act 1994, Sch 8, Group 12, Items 8-13. It will be worth making a note of the relevant provisions, and also checking that all the works are covered.
by les35
Fri May 13, 2011 9:14 am
Forum: VAT & Excise Duties
Topic: Partial Exemption
Replies: 10
Views: 1675

Re: Partial Exemption

I agree with Kitty Kat.
With VAT being 20%, it is a substantial additional cost in these circumstances. I have heard of similar examples; clearly the motive is cost-saving. Unfortunately it is the supplier who bears the cost!
You can laugh now!
by les35
Tue May 03, 2011 9:21 am
Forum: VAT & Excise Duties
Topic: VAT reverse charge and EC sales list
Replies: 2
Views: 1106

Re: VAT reverse charge and EC sales list

The 'Place of Supply' rules are not straightforward. There are a number of questions that you will need to ask, to correctly determine the place of supply, and whether UK VAT is applicable. The 'General Rule' means that B2B services are supplied where the recipient belongs; B2C services are supplied...
by les35
Tue Apr 12, 2011 4:55 pm
Forum: VAT & Excise Duties
Topic: Joint ownership
Replies: 9
Views: 1162

Re: Joint ownership

Where there is not a supply of title and possession, the supply becomes a supply of services. If this is cross-border, then the special 'Place of Supply' rules apply. The place of supply may, therefore, be the Member State where the recipient is established. VAT Act s5(1), and Sch 4, paras 1 & 2 app...

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