Currently, the installation of certain energy saving materials in any residential accommodation is subject to the reduced VAT rate of 5%. Details of the current treatment can be found in Notice 708/6 ( https://www.gov.uk/guidance/vat-on-energy-saving-materials-and-heating-equipment-notice-7086).
In 2015 the UK was infracted by the European Commission on its application of the reduced rate of VAT on energy saving materials (ESMs) and subsequently lost its case in the European Court of Justice CJEU. The UK was required to comply with the CJEU’s judgment and amend the UK legislation that makes provision for the reduced rate for ESMs. In response HMRC published a consultation on proposed changes to the VAT treatment of ESMs. Details of this original consultation can be accessed via this link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/483363/VAT-Changes_to_the_reduced_rate_of_VAT_for_Energy_Saving_Materials_-_consultation__M7000_.pdf
Subsequently on 8 April 2019 HMRC published revised draft legislation, which is due to take effect from 1 October 2019. Some restrictions are still proposed, but these do not go as far as the original 2015 proposals. Wind and water turbines are being removed from the list of qualifying items. Solar panels, ground and air source heat pumps, and micro heat and power units remain qualifying if the conditions outlined below are met.
Installation services on their own will remain subject to the 5% reduced rate. However installation services together with listed materials will qualify for 5% VAT in the following circumstances:
- the customer is over 60 or in receipt of certain benefits;
- the customer is a registered housing association;
- the building is a ‘relevant residential’ building, such as a care home.
The reduced rate will also apply to supplies made to persons living in dwellings who are not qualifying persons, but where the value of the materials exceeds 60% of the total value of supplying and installing the goods, the reduced rate will be restricted to the labour element of the supply and the materials or hardware will be standard-rated. This is the part most likely to affect your client unless she falls into the first category outlined above.
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If you have a VAT query why not contact the VAT Advice Line on 0844 892 2470 to discuss the implications. Our team of experts have a wealth of experience and can also provide a written consultancy service at competitive rates.
