VQOTW: Goods supplied for use in accessibility adaptations

My client sells bathroom fittings and has been approached by an individual looking at sanitaryware on behalf of his elderly parents who need adaptations due to severe arthritis. The goods will be fitted in an existing house but will not be fitted by my client.  The customer has suggested that the materials can be zero rated on their own, but this seems to go against the principle that normally the materials are only zero rated with zero rated building services. Is the customer correct, and if so, what evidence should my client keep?

It is correct that, in limited circumstances, materials can be supplied on their own to a charity or disabled person ‘over the counter’ without building services and still be eligible for the zero rate.  This is where they are supplied ‘in connection with’ a supply of services which is itself zero rated under VATA1994 Schedule 8, Group 12.  The supply to a disabled person of adapting the bathroom in their private residence where this is necessary because of their condition is zero rated under Group 12, item 10.  The wording ‘in connection with’ has been interpreted by the VAT tribunal (Gary Flather 11960) to mean that as long as there is a supply of the zero rated services, and the goods are used in this supply, they do not have to have been supplied by the person supplying the services. https://www.gov.uk/hmrc-internal-manuals/vat-relief-for-disabled-people/vrdp11850

This is different to the supply of, for example, building materials in the construction of a new house, where the zero rate applies to the supply of building materials to a person to whom the supplier is also supplying the zero rated building services.

The important factor is that there will be a supply of services by a business, and that the goods will not be fitted on a DIY basis or by a friend or relative for free.  To address any potential query raised by HMRC on this point your client should hold confirmation from the installer, such as a statement of works. Notice 701/7 refers to this point in paragraph 6.8. Your client should also keep a copy of the eligibility declaration completed by the customer – a suggested template can be found in Notice 701/7 paragraph 3.6  https://www.gov.uk/guidance/reliefs-from-vat-for-disabled-and-older-people-notice-7017#customer


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Senior VAT Consultant
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Viv has worked in VAT since 1989, when she joined HMRC as an Assurance Officer. Before joining the team as a consultant in 2000, she had spent five years dealing with written and telephone enquiries at a local VAT office.

In 2007/ 2008, she spent a year with a major accountancy firm gaining experience of VAT from a different perspective and developing skills which are relevant to her current role.

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