
Colchester Institute — a further education college in Essex — challenged HMRC over VAT on government-funded courses. The college undertook a large building project (started in 2008) and recovered VAT under the Lennartz mechanism for exempt education.
It argued that the Education Funding Agency and Skills Funding Agency’s government grants for its 16–19 courses should be treated as consideration for a supply of education services rather than general subsidies. The two sides took opposing positions:
| Position | Party | Implication |
| Grants = payment for services | Colchester Institute | Courses are exempt business supplies → building VAT recovery under Lennartz stands |
| Grants = general subsidies | HMRC | Courses are non-business → college must account for output VAT and loses building VAT recovery |
| Stage | Decision |
| First-tier Tribunal (FTT) | Sided with HMRC — dismissed Colchester’s claim |
| Upper Tribunal (UT) 2020 | Overturned FTT — held funding was consideration and courses were exempt business supplies |
| Court of Appeal 2026 | Dismissed HMRC’s appeal — confirmed UT ruling |
In 2020, the Upper Tribunal ruled the grants were payment for services, allowing Colchester to keep its VAT reclaim on the buildings without charging output VAT. However, HMRC did not enforce the UT ruling and instead appealed, giving colleges a “choice” in how to treat their funding pending the outcome. The Court of Appeal resolved the stalemate in March 2026.
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On 27 March 2026, the Court of Appeal (Foxton LJ, Arnold LJ, Asplin LJ) dismissed HMRC’s appeal. Key findings:
The court also confirmed that labelling money a “grant” or “subsidy” does not decide its VAT status. What matters is how closely the funding is tied to specific services.
The Lennartz mechanism (a UK implementation of EU law) allows certain non-profit or publicly funded bodies to recover VAT on capital costs of buildings used for exempt purposes. Under this mechanism:
Colchester argued that since its education was a business supply (even though exempt), no output VAT was due, and its capital VAT recovery should stand. The Court agreed.
Two important limitations apply:
The ruling reclassifies funded education as a business activity. This has both risks and opportunities:
| Area | Impact |
| Charitable VAT reliefs | Zero-rating on new builds and reduced rates on utilities may no longer apply – potentially costing some colleges millions |
| Output tax exposure | ESFA/DfE funding may now be treated as consideration, raising the question of whether output VAT is owed on funded courses |
| Historic adjustments | Colleges may need to revisit past VAT filings; HMRC may challenge prior zero-rating claims going back four years |
| VAT recovery | Colleges with similar pre-2010 claims (e.g. Portsmouth, Cornwall, Derby) may now be able to reclaim VAT on eligible projects – but at the cost of future reliefs |
Note: none of these changes happen automatically. HMRC’s 2021 guidance allowed colleges to continue treating funding as non-business until the appeal was decided. HMRC may still seek a Supreme Court appeal (deadline: 24 April 2026).
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| Principle | Explanation |
| Funding is not automatically outside VAT | “Grant” money can be VATable if it is actually payment for services |
| Contract wording matters | The direct link was established because the funding contracts described money as paid “in consideration” of delivering approved courses |
| Direct link test | Even formula-based or anticipated payments can satisfy the reciprocity requirement — payments do not need to match each student or each hour of teaching |
| Third-party payer | VAT consideration need not come from the service recipient — a third party (like the government) can create a VAT supply |
| Flat-rate funds can be consideration | As long as payments are determinable by clear criteria in advance, they can count as payment for a continuing supply |
At Apex Accountants, we help education providers and charities navigate VAT complexities. Our services include:
The Court of Appeal’s ruling in HMRC v. Colchester College VAT has clarified that government grants tied to specific education services can be considered for VAT. For further-education colleges, funding for 16–19 courses will likely be treated as exempt business income.
Colleges should not assume anything changes automatically – HMRC may update its guidance or seek a Supreme Court appeal – but it is prudent to act now. Reviewing existing contracts, VAT claims and reliefs are essential. In some cases, colleges will be entitled to recover VAT on historic building costs but may also lose future VAT breaks on capital projects.
If you are concerned about how the Colchester decision affects your institution, our VAT specialists can explain what it means for your funding and help ensure your VAT affairs are in order.
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