Sky
New Forest

09/08/2017

Temporary Buildings - VAT Treatment

It is sometimes necessary for temporary classrooms to be hired to cover increased pupil numbers or where other buildings are out of use for repair and maintenance. The VAT treatment of this area requires care by academy schools.

The supply of fixed buildings is exempt from VAT in the same way that land is usually an exempt supply (Schedule 9, Group 1 of the VAT Act 1994).

A recent case involving temporary classrooms installed on school tarmac tennis courts has explored the VAT treatment further and tries to distinguish between structures that are fixed to the ground and those that are movable.

The decision in R & C Commrs v Sibcas Ltd [2017] UKUT 0298 (TCC) makes interesting reading.

This case found that, due to the way the buildings were installed, the structures were sufficiently connected to the ground and were difficult to dismantle that the supply was exempt from VAT.

This judgement will not be favourable to the hire company, as they will not wish to make VAT-exempt supplies due to the impact it has on the recovery of VAT on their costs.

Care is therefore required when reclaiming VAT on temporary building hire, as HMRC will deny repayment of this VAT where it has been incorrectly charged by the hire company.

Update: This case has now been appealed further. The Court of Session has passed judgement in favour of the company, reversing the VAT treatment above - for more details see this news item.

Latest Feeds

Audit and independent examination threshold updatesThe threshold at which a charity must be audited or procure an independent examination is changing in England and Wales.Read the full article here: https://bit.ly/4y35wpc

...

Increase in HMRC mileage rates for 2026/27HMRC has confirmed an increase to the Approved Mileage Allowance Payment (AMAP) rate for the 2026/27 tax year.To read the full article click the link in our bio.

...

Tokenisation on the rise: Opportunity meets uncertaintyThe UK government is continuing its push to position the UK as a global hub for digital finance, with tokenisation playing a central role in its latest plans.To read the full article click the link in our bio.

...

Directors loan accounts – Avoid the unexpected tax trapCompany owners often withdraw monies from their business that is not salary or dividends, this borrowing can be useful but if it is not managed properly tax charges will arise.Follow this link to read the full article by clicking the link in our bio.

...

Zero hours contracts are changing – Why Payroll accuracy will matter more than everZero hours and variable hours working arrangements are under increasing scrutiny, with new employment rights set to reshape how these workers are paid and monitored.Read the full article by following this link : https://www.hwb-accountants.com/zero-hours-contracts-are-changing-why-payroll-accuracy-will-matter-more-than-ever

...

Energy Cost support for UK manufacturersThe UK Government has announced new long term support to help over 10,000 manufacturing businesses manage high electricity and fuel driven energy costs, through reduced electricity bills rather than grants.Read the full article by clicking the link in our bio.

...

Increase in Property Taxation ratesFrom 6 April 2027 onwards, HMRC are planning to increase the rate of income tax that applies to rental profits. In short, the rate of taxation will increase by 2 percentage points across each individual tax band.Read the full article by clicking the link in our bio.

...

Economic Crime and Corporate Transparency Act 2023: changes affecting company accountsThrough the Economic Crime and Corporate Transparency Act 2023, the government is reforming the information reported by companies when filing their annual accounts with Companies House.Read the full article by clicking the link in our bio.

...

Let's Talk

Why not arrange a FREE consultation and find out what we can do for your Academy.