Are Schools Closing Because of the Private School VAT Change?

Since the private school VAT change, effective 1 January 2025, private school tuition and boarding in the UK have been subject to 20% VAT, and from 1 April 2025 most charitable schools in England lost business rates relief.

This has shifted the question from “will fees rise?” to “can even larger schools cope?” Pressure is evident across the independent school sector. Pupil numbers in England fell between January 2025 and January 2026, and several schools were removed from the register in 2024. At the same time, new schools continued to open in 2025 and 2026, showing that the sector is both being squeezed and reshaped simultaneously.

How Schools Are Affected by the Private School VAT Change 

ChangeWhen It AppliedWhy It Matters
VAT on private school education and boarding1 January 2025Core tuition and boarding fees are now standard-rated
Prepayments caughtPayments from 29 July 2024 for terms starting on or after 1 Jan 2025Paying early did not always avoid VAT
Loss of charitable business rates relief (England)1 April 2025Many schools lost the 80% mandatory discount unless an exception applied

The business rates change is significant because charitable relief had previously reduced bills by 80%. Schools focused on pupils with EHCPs generally keep this relief.

A key point is that 20% VAT does not automatically mean fees rise by 20%. Schools can reclaim input VAT, leaving an average net VAT cost of about 15% of fee income. Average fee rises of around 10%, though some schools absorb more costs and others pass on more to parents.

Read: Everything About HMRC v Colchester Institute VAT Dispute 

Why Larger Schools Are Now Affected

The pressure isn’t just about one tax. In England, there are 2,474 private schools, of which 1,127 are charities. Around 1,024 of these schools lost charitable rates relief.

  • Average extra business-rates cost: £308 per pupil in 2025/26
  • For schools with over 1,000 pupils, per-pupil increase: £288
  • Total cash impact for large schools: £374,000 per school

Even though smaller schools face higher per-pupil increases, large schools still face significant total costs, especially with staffing, estates, and borrowing commitments.

Most schools will not immediately close. They may first:

  • Use reserves
  • Cut non-essential spending
  • Raise fees

Financial pressure can build over time before a school reaches a breaking point.

Are Larger Private Schools Actually Closing?

Yes, closures are happening, but context matters. 

  • 58 independent school closures in England in 2024
  • 85 closures in 2023
  • 63 closures in 2022

This includes voluntary closures and regulatory removals. VAT alone cannot be blamed. The impact of VAT is difficult to predict in terms of how many additional closures will result.

Since 2000, England averages 74 closures and 83 new openings per year, showing a natural turnover.

Larger schools are under more financial pressure, pupil numbers are down, and some bigger schools are no longer shielded from challenges previously felt mostly by smaller schools.

What Schools and Parents Should Check

Practical steps matter more than headlines.

  • Check fee packaging: Bundled tuition may have one VAT treatment, while extras like meals or transport may be separate.
  • Understand exemptions: Nursery classes made up almost entirely of children under school age remain exempt. Care-based before- or after-school clubs can also stay VAT-exempt.
  • SEND placements: VAT applies to the fee, but local authorities can reclaim it when funding an EHCP placement.
  • Treat VAT recovery technically: Partial exemption and input VAT calculations are required for most schools.
  • Use official tools: Services like “Get Information about Schools” let parents compare school finances and performance.
  • Check registration fees: Application and registration fees are treated like normal tuition for VAT purposes.

Read: Getting Your Business Ready for the Summer’s Temporary VAT Cut 

How We Help Private Schools Deal With VAT

At Apex Accountants, we support independent schools with the practical side of VAT changes:

  • VAT registration reviews and timing checks
  • Partial exemption and input VAT recovery calculations
  • Fee structure reviews for tuition, boarding, meals, clubs, and bursaries
  • Cash-flow and budget modelling for VAT and business rates changes
  • Support on restructuring, mergers, and orderly closure planning

Conclusion

The biggest mistake is to reduce this story to a simple slogan. VAT and the loss of business rates relief have definitely increased pressure; pupil numbers in England’s independent sector have fallen for two consecutive years, and closures continue, but this does not isolate VAT as the sole cause and does not yet prove a clear wave of private-school closures in the UK. 

A more accurate headline would be this: larger private schools are no longer protected from the same financial pressures that have already hit smaller schools, but the official evidence still points to a sector in costly transition, not a one-line collapse story. 

FAQs on Private-School Closures in UK

When did VAT start on private school fees?

From 1 January 2025, with certain prepayments made from 29 July 2024 also caught if they related to terms starting on or after 1 January 2025. 

Does VAT on fees mean schools had to raise prices by the full 20%?

No. Official estimates point to an average fee rise of around 10%, not a flat 20%, because schools can reclaim input VAT on relevant costs. 

Is the business rates change a UK-wide policy?

No. VAT on fees applies across the UK, but the removal of charitable business rates relief applies in England. 

Are larger schools always hit harder than smaller ones?

Not necessarily on a per-pupil basis: in the matched cohort, schools with more than 1,000 pupils show a lower per-pupil rates increase than very small schools, but their cash increase per school is still large. 

Are nursery classes in private schools still exempt from VAT?

Yes, where they are wholly, or almost wholly, made up of children below compulsory school age. 

What about after-school clubs and holiday clubs?

Educational extracurricular activities are taxable, but childcare-based before- or after-school clubs and holiday clubs that consist of care are exempt. 

Can local authorities reclaim VAT on private school placements?

Yes, where the placement is funded by the local authority and the school is named in the pupil’s EHC plan, the local authority can reclaim the VAT through existing processes. 

Do bursaries remove the VAT charge?

Not usually. Where a separate bursary funds part of a specific child’s fee, VAT still applies to the full fee; only a school funding its own bursary to itself is outside scope. 

Are registration or application fees also caught?

Yes. Application and registration fees that must be paid for a pupil to attend are treated the same as normal school fees for VAT. 

Do official figures prove that VAT is already causing a wave of large private school closures?

No. Official closure data mixes voluntary closures with regulatory removals, and the policy impact note says it is difficult to assess how many extra closures the measure will cause.

Getting Your Business Ready for the Summer’s Temporary VAT Cut

A temporary VAT cut of 5% will apply from 25 June 2026 to 1 September 2026 on certain children’s meals, children’s and family tickets, and admission to qualifying family attractions. Preparing your systems, menus, ticket types, and records before 25 June will make summer trading smoother and autumn VAT returns easier to manage.

At Apex Accountants, we treat the task as a sales-mapping job first and a VAT-return job second. Knowing exactly which items qualify makes a busy summer manageable.

What You Need To Know About The Summer VAT Cut

The 5% VAT cut replaces the standard 20% rate for qualifying sales during the relief window and applies across the UK.

The 5% VAT relief covers three main areas:

  • Children’s meals sold only as children’s meals and eaten on the premises
  • Children’s tickets for cinemas, theatres, concerts, exhibitions, and shows
  • Admission to attractions suitable for families, including adult admissions when part of a qualifying family package

A theme park ticket for adults can fall within the temporary 5% rate, but an adult-only cinema ticket does not; for cinemas and theatres, the relief focuses on children’s tickets and family packages.

Examples of possible reductions if the full saving is passed on include:

  • £20 off family theme park tickets
  • £11 off family aquarium tickets
  • £2 off children’s meals

If your business is not VAT-registered, this is not a rate change you can apply in the usual way.

Read: Everything About VAT Return Deadlines in the UK 

Temporary VAT Cut – Which Sales Qualify and Which Do Not

Sale TypeTemporary RateNotes
Children’s meal on a dedicated menu, on site5%Must be held out for sale only as a meal for children
Fixed-price children’s meal including drink/dessert5%Whole package qualifies if sold as one meal
Smaller adult portion sold cheaplyNormal rateNot eligible
Takeaway children’s mealNormal rateTakeaways do not qualify
Children’s cinema/theatre ticket5%Must be marketed, priced, and presented as a children’s ticket
Adult cinema/theatre ticket sold on its ownNormal rateAdult-only admissions stay standard-rated
Family cinema/theatre ticket including at least one child5%Whole family package can qualify
Generic group ticket not sold as family ticketNormal rateDoes not qualify
Zoo, soft play, museum, or theme park admission5%Applies to the right of admission only
Food, merchandise, or upgrades sold separatelyNormal rateOnly admission charge is reduced
Sports event entry, facility use, or participationNot coveredExcluded
Season/repeat-entry passes beyond relief periodUsually not coveredOnly fully qualifying passes within period count

The key is not who buys the item, but how it is sold. Items must be marketed, priced, and presented as intended for children.

  • A proper children’s menu is stronger than simply offering “small plates” from the adult menu
  • A clear “family ticket” is safer than a vague multi-buy group ticket

Non-alcoholic drinks included in a children’s meal can qualify. Meals including alcohol or separately priced extras from the standard menu remain standard-rated.

Admission is only reduced where it would otherwise be standard-rated. Exempt admissions are not affected.

How to Prepare Pricing, Tills, and Records

Start with your stock codes and ticket codes rather than marketing. Your point-of-sale system must separate 5% sales from standard-rate sales.

Staff should operate the system correctly, even during busy periods. Keeping daily gross takings by rate, adjustments, and working papers will help manage VAT efficiently.

Practical Steps

  • List every potentially affected item — children’s meals, child tickets, family tickets, adult attraction tickets, bundles, and passes
  • Rename anything unclear to match eligibility
  • Program separate codes for 5% and standard-rate sales
  • Test mixed baskets such as adult ticket + child ticket + merchandise, or children’s meal + extra standard-menu item
  • Check website wording and online booking flows to ensure descriptions match tax treatment
  • Decide your pricing approach now to avoid mid-summer changes
  • Diary the switch-back date so rates return to normal after 1 September
  • Ensure receipts and VAT invoices show tax points, item descriptions, and rates

VAT-inclusive pricing fractions: 1/6 for 20% and 1/21 for 5%, which affects the tax element inside a gross price.

Also Read: VAT on Car Hire in the UK – What Businesses Need to Know

Summer VAT Cut on Booking and Bundle Considerations

  • Tickets bought for dates after 1 September remain standard-rated
  • Prepaid tickets for dates within the relief window can be adjusted; credit notes may be needed
  • Bundles (admission + meal + merchandise) must be split; only the qualifying portion can get 5%
  • Season passes covering dates outside the relief period usually do not qualify

How We Help Small Businesses Take Advantage of The 5% VAT Relief

Apex Accountants helps small businesses implement clean processes for VAT changes. We assist with:

  • Reviewing menus, ticket types, and family packages for eligibility
  • Mapping 5% and standard-rate items in tills, EPOS, and booking systems
  • Checking advance bookings, prepayments, and credit-note adjustments
  • Reviewing invoices, receipts, and bookkeeping records for mixed-rate sales
  • Preparing supporting schedules for VAT returns

Conclusion

The summer relief is useful, but it is narrow. The main focus is on how items are sold, whether the sale is really a qualifying meal or admission, and when the right of admission actually falls, so small businesses should prepare around those three tests first. 

The best plan is this: sort your qualifying items, fix your till and online checkout, test mixed transactions, and set a reminder for the switch back after 1 September. Done early, this is manageable; left late, it becomes a front-desk problem in the middle of your busiest weeks.

FAQs on 5% VAT Cut

Does the temporary 5% VAT rate start on 25 June 2026?

Yes. The official relief window runs from 25 June 2026 to 1 September 2026 inclusive. 

Is the relief available across the whole UK?

Yes. The official fact sheet states that it applies in England, Wales, Scotland and Northern Ireland. 

What counts as a children’s meal?

It must be held out for sale only as a meal for children and supplied by a restaurant, café or similar establishment for consumption on the premises. The key test is how it is marketed, presented and priced, not simply who eats it. 

Does takeaway food qualify for a temporary VAT cut?

No. The detailed brief is clear that takeaway meals do not qualify for this temporary reduced rate. 

If I sell a smaller adult portion, can I treat it as a children’s meal?

Not automatically. Smaller portions, lower-calorie options and discounted adult meals are specifically excluded unless they are genuinely sold as children’s meals. 

Do adult cinema or theatre tickets qualify for 5% VAT?

Not when sold on their own. For cinemas, theatres, concerts, exhibitions and shows, the relief applies to children’s tickets, and adult admissions remain standard-rated unless they are part of a qualifying family ticket. 

Do family tickets qualify even if they include adults?

Yes, where the ticket is sold as a family admission that includes one or more children. In that case, the whole family package can qualify. 

Which attractions are covered?

The official list includes attractions such as theme parks, fairs, circuses, adventure parks, museums, zoos, aquariums, wildlife parks, farm visitor attractions, soft play and observation attractions. The reduced rate applies only to the right of admission, not to separately sold food, merchandise or upgrades. 

Are sports events or sports facilities included?

No. The relief does not apply to admission to sports events, use of sports facilities, or participation in recreational sport. 

What if customers booked early or bought a pass?

For admissions, what matters is the date of admission within the relief window. Advance sales can use the lower rate under the existing change-of-rate rules, but tickets for admission on or after 2 September 2026 stay standard-rated, and many season or repeat-entry passes running beyond the relief period will not qualify.

Can You Reclaim VAT on Transaction Fees in the UK

Most businesses ask this as a yes-or-no question, but UK VAT does not work that neatly. VAT on transaction fees can be recoverable, partly recoverable, or blocked altogether, depending on who received the service, what the transaction was for, and whether the cost links to taxable business activity rather than a passive investment or an exempt share sale. 

How VAT on Deal Fees is Applied in Various Situations

Deal situationUsual VAT outcome
A trading company issues new shares to raise funds for its taxable businessOften recoverable under the normal rules, because a new share issue is not a VAT supply in itself. If the issue supports economic activity, the related VAT can be input tax, subject to partial exemption if relevant. 
A passive holding company buys shares to earn dividends or sell later for gainUsually not recoverable. Pure shareholding for dividends or capital growth is treated as investment activity, not taxable business activity. 
A holding company buys a subsidiary and supplies genuine management services for real considerationOften recoverable, but only if the holding company is the recipient of the adviser services, carries on economic activity, and makes taxable supplies. Partial exemption can still reduce the claim. 
An acquisition is a direct extension of an existing taxable tradeOften recoverable. Such as buying a competitor, a key supplier, a key customer, or a property-owning subsidiary from which the buyer intends to trade. 
A business sells existing sharesUsually restricted or blocked, because the sale of existing shares is normally an exempt supply. If the share sale is only incidental to the wider business, there are special partial exemption rules rather than an automatic full block. 
The target company incurs vendor due diligence costsRecovery can be possible for the target if the target is the actual recipient of the services and they were received for its own business. 
A deal aborts after fees have been incurredRecovery can still be possible if there is genuine, objective evidence of an intention to make taxable supplies. Failed projects do not automatically destroy recovery

What Decides Whether the VAT Comes Back

Three questions usually decide the result. 

  1. Was the fee incurred in taxable business activity?
  2. Is there a direct and immediate link between that cost and taxable supplies? 
  3. Is the business claiming the VAT actually the recipient of the service?

That is why labels like “legal fee”, “corporate finance fee” or “due diligence fee” do not settle the point on their own. The same type of cost can be recoverable in one structure and blocked in another, simply because the underlying activity is different.

Importance of the Invoice Trail

A second point is often missed: the invoice trail matters. Whether the claimant contracted for the service, was invoiced, paid for it, and made use of it, while general VAT record rules also require valid VAT invoices and records that support the claim.

Partial Recovery for Mixed Activity

If a business has both taxable and exempt activity, it may only recover the taxable portion unless the de minimis rules help. The current de minimis limit is £625 per month on average and no more than half of the total input tax, with an in-period check and a year-end review.

Practical Takeaways

  • Decide early on the recipient entity: Decide before the first engagement letter is signed which entity should receive the service, because attribution is based on actual or intended use when the purchase is received.
  • Give the holding company a real taxable role: If a holding company is meant to recover VAT, give it a real taxable role. Genuine management services for more than nominal consideration are a strong starting point.
  • Expect partial exemption with loans: If the structure also includes interest-bearing loans, expect partial exemption to enter the picture.
  • Don’t ignore the year-end de minimis review: A claim that looks acceptable during the year can be clawed back later if the annual test fails.

Read: Court of Appeal ruling puts VAT on education grants under scrutiny 

How common deal structures are treated

Share acquisitions through a holding company

A holding company does not get recovery just because it owns subsidiaries. If it only holds shares, receives dividends and hopes for a later sale, that is investment activity, and the VAT on acquisition costs is normally not recoverable. 

The position improves where the holding company buys the subsidiary to make taxable management services for consideration. The acquisition costs of such a holding company are part of its general overheads, so the VAT can be deductible only if the holding company receives the adviser services and makes taxable supplies. 

A practical observation here is that vague plans do not help much. If the structure only contemplates charging the subsidiary “at some point later” or only if profits allow, that is weak; official case summaries and guidance both stress the need for genuine, priced services and real consideration. 

Acquisitions that strengthen an existing trade

Not every acquisition needs a separate management charge to support recovery. Share acquisition can sometimes be a direct, continuous and necessary extension of an existing taxable trade, such as buying a competitor, a key supplier, a key customer, or a property-owning subsidiary from which the buyer plans to trade. 

That is a useful point in real deals. If a trading business buys a company to reinforce its own trading operation, the fee can sometimes sit with the buyer’s existing taxable business rather than a standalone investment case. 

Share Sales and VAT

A sale of existing shares is normally an exempt supply. That is why VAT on legal and advisory fees linked directly to a share disposal is usually a problem, and a wider commercial reason for the sale does not automatically fix it.

Immediate Transaction Matters

That last point matters. Selling shares to raise money for wider taxable trading does not by itself turn the disposal fees into recoverable VAT, because the immediate transaction still matters.

Restructuring Context

There is, though, an important nuance. Some disposals in a restructuring context may fall within economic activity where the disposal is a direct, permanent and necessary extension of the taxable business, but this is fact-sensitive and should never be assumed.

Standard Partial Exemption Method

If the business uses the standard partial exemption method and a share sale is merely incidental to the main business, the value of that share sale should be excluded from the standard method calculation. The VAT on the related costs is then dealt with using normal attribution rules rather than by simply including the deal in the denominator and accepting the result.

Special Method and Residual Costs

If the business uses a special method, certain residual costs on incidental share sales must be apportioned by use. Costs such as:

  • Accountants
  • Financial advisers
  • Lawyers
  • Advertising agencies
  • Marketing consultants
  • Listing and registration services
  • Document preparation services

Share Sales Are Not TOGC

One other point saves confusion in practice: a share sale is not a TOGC. Where a limited company changes hands by way of a share transfer, the assets remain owned by the company, so there is no asset transfer to which TOGC rules apply.

Fundraising and VAT

A new share issue is treated differently from a sale of existing shares. The issue of new shares is not a supply for VAT purposes, and related VAT can be recoverable to the extent the issuer’s business generates taxable supplies.

Target-Side Fees

On the seller side, the target company’s own fees can sometimes be overlooked. Vendor due diligence and similar costs incurred by the target may be deductible where:

  • The target is the recipient of the services
  • The services were received for the target’s business

Aborted Deals

Aborted deals are not automatically lost causes either. If there was genuine objective evidence that the business intended to make taxable supplies, preparatory VAT can still be recoverable even where the project fails before those supplies are made.

A Must Read: Everything About VAT Return Deadlines in the UK

Check the Adviser’s VAT Status

Also check whether there is actually any VAT on the adviser bill in the first place.

  • Pure advice, such as advice on capital raising or defending takeovers, is taxable
  • A genuine intermediary service in a securities transaction can itself be exempt if it meets the exemption conditions

How to improve the chances of recovery before the deal closes

The biggest practical point is timing. VAT attribution is based on how the service is used, or intended to be used, when the service is received, so sloppy structuring at the start of the deal is hard to repair later. 

In real transactions, the weak spot is often not the technical rule. It is the evidence pack: the engagement letter is in one company’s name, the invoice is sent to another, and the payment comes from a third. That makes it much harder to show who really bought and used the service. 

Document or stepWhy it matters
Engagement letter in the right entity’s nameHelps show which business contracted for the service and was the recipient. 
VAT invoice in that same entity’s nameA recoverable claim needs a valid VAT invoice and records that support it. 
Payment trailOfficial guidance on recipient status looks at who paid for the service as well as who contracted and who used it. 
Board minutes, deal papers and business planThese can provide objective evidence of intended taxable supplies, especially where the deal never completes or charges begin later. 
Management services agreement with a real charging modelHelps show that services are genuine, for consideration, and more than nominal. 
Actual management invoices after completionStrong evidence that the structure reflected real taxable activity rather than a vague future intention. 
Partial exemption workingsEssential where deal fees support both taxable and exempt activity, including share sales or exempt lending. 
Six-year retention of VAT recordsVAT records generally need to be kept for at least six years. 

A final but important point is VAT grouping. Joining a VAT group does not automatically create recovery, and it does not turn passive investment activity into taxable business activity. 

Where claims usually break down

The most common failure point is assuming that “commercial purpose” is enough. It is not enough to say the deal helped the group overall; what matters is the VAT link between the cost and taxable outputs. 

Other problem areas come up again and again:

  • Passive holding activity dressed up as a business activity. Receiving dividends and holding shares is not enough on its own. 
  • Management services that are never properly priced or invoiced. A loose intention to charge later is weak evidence. 
  • Assuming a later VAT group will rescue old acquisition VAT. It does not do that automatically. 
  • Invoices and contracts sitting with the wrong entity. The claimant still needs to show it received, used and paid for the services. 
  • Forgetting the share-sale rules in partial exemption. Incidental share sales have their own treatment under both standard and special methods. 
  • Ignoring the possibility that the adviser’s own service was exempt. Pure advice is usually taxable, but some intermediary work in securities transactions can be exempt instead. 
  • Missing the annual de minimis re-test. Recovery allowed during the year can still be reversed at year end. 

A smaller but still important trap is “stewardship” or group overhead costs. Some group audit, legal, regulatory, brand defence and bid defence costs may really belong to the group as a whole, even if the holding company receives the invoice for convenience. 

How Apex Accountants Can Help Reclaim VAT on Transaction Fees

At Apex Accountants, we keep this area practical. Our focus is not just on whether VAT looks reclaimable in principle but on whether the contract, invoice trail, management model and partial exemption position actually support the claim.

We help clients with:

  • reviewing legal, due diligence, corporate finance and other transaction fees line by line
  • checking which entity should contract for, receive and pay each adviser
  • building evidence for management charges, intended taxable supplies and aborted deals
  • calculating partial exemption, de minimis and pre-registration claims
  • reviewing VAT grouping points before and after completion
  • preparing clear support packs for internal sign-off and external review

Conclusion

VAT recovery on deal fees is possible, but it is rarely automatic. The strongest claims usually involve one of two positions: the fee sits inside an existing taxable business, or the acquiring company is carrying on real taxable activity and can prove it with proper documents and real charges. 

Claims usually fail for the opposite reasons. The structure is really an investment; the fee links to an exempt share sale, the wrong entity received the service, or the paperwork does not match the story the business wants to tell. 

FAQs on VAT on Deal Fees

Can a holding company reclaim VAT on acquisition fees?

Yes, but not just because it is a holding company. Recovery normally depends on the company being the recipient of the adviser services, carrying on economic activity, and making taxable supplies such as genuine management services for consideration. 

What if the holding company only receives dividends?

That usually points the wrong way. Simply holding shares for dividends or a later capital gain as investment activity, not taxable business activity. 

Do management charges need to be real and priced?

Yes. The services need to be genuine, provided for consideration that is more than nominal, and not left as a vague future idea that may or may not be billed later. 

Does the invoice need to be in the claimant’s name?

In practice, yes, that is the safest position. Whether the claimant contracted for the service, was invoiced, paid for it and used it, and normal VAT rules also require valid VAT invoices and records to support the claim. 

Does joining a VAT group automatically fix the issue?

No. Joining a VAT group does not automatically create recovery and does not turn passive investment activity into taxable business activity. 

Can VAT on share sale fees be recovered?

Usually not in full, because the sale of existing shares is normally an exempt supply. If the share sale is only incidental to the wider business, special partial exemption rules may soften the effect, but that is not the same as an automatic full reclaim. 

Can a partly exempt business still recover all the VAT?

Sometimes. If the exempt input tax is no more than £625 per month on average and no more than half of the total input tax, the de minimis rules can allow full recovery, but the position must still be reviewed at year-end. 

Can the target company recover VAT on vendor due diligence?

It can if the target is the real recipient of the services and the services were received for the purposes of the target’s own business. 

What if the deal aborts?

A failed deal does not automatically kill the claim. Where there was genuine, objective evidence of an intention to make taxable supplies, preparatory VAT can still be recoverable even if the business never reaches the point of making those supplies. 

Can pre-registration VAT on deal fees be reclaimed?

Potentially, yes. For services, normally a six-month lookback before registration, while goods can go back four years, but only where the costs were bought for the taxable business that is now registered.

HMRC v M R Currell Ltd [2026] – Genuine Loan via EBT Not Taxable as Salary

In HMRC v M R Currell Ltd [2026] EWCA Civ 445, the Court of Appeal held that an £800,000 payment routed through an Employee Benefit Trust (EBT) was a genuine loan, not taxable employment income, because it carried a real obligation to repay. In April 2026, the court confirmed that Mr Currell received a loan, not extra pay, so he did not gain taxable earnings from the transaction. This clarifies that simply using a trust to channel funds does not automatically turn money into a salary – the substance of the transaction matters.

Disguised remuneration (DR) rules have long targeted schemes that shift pay into loans or benefits via third parties. In 2011 the government enacted Part 7A of ITEPA 2003 to catch such schemes involving intermediaries. Later, the controversial Loan Charge (2019) aimed to tax old loan arrangements. However, under general law, a payment is only taxed as earnings if it arises “from the employment”. As HMRC’s own manuals note, a profit or payment “arose from something else” than employment if it did not truly come as a reward for services. In Currell’s case, the money was a loan – a debt Mr Currell had to pay back – not an additional salary.

Background: Disguised Remuneration & EBT Loans

Disguised Remuneration Rules (Part 7A ITEPA 2003): 

Introduced in 2011 to target third-party schemes avoiding income tax. They tax “relevant steps” (like making a loan through a trust) as if they were paid.

Loan Charge (2019): 

Further rules will tax old disguised remuneration loans. Importantly, changes after a 2025 review limit the charge to loans made on/after 9 Dec 2010.

General Tax Law: 

Under s.62 ITEPA (formerly s.19 ICTA), only payments “from the employment” are earnings. Courts ask, ‘Did the benefit come in return for work or from some other source?’

Example: HMRC’s own guidance says that a gift (e.g., a wedding present) from an employer is not taxed because it’s not “from the employment” but from a personal occasion. By analogy, a genuine loan made to an employee – especially through a trust – may not be “from” the job and thus not automatically considered earnings.

Facts of the Currell Case

DateEvent
Nov 2010Company Contribution: M R Currell Ltd (a small painting business) pays £800,000 into a newly created EBT.
Nov 2010 (same day)Loan to Director: The EBT trustees immediately lend £800,000 to Mr M. Currell (a director) at 0% interest for 5 years, secured on the company shares he buys.
2010 (shortly after)Share Purchase: Mr Currell uses the loan to buy shares (A shares) from his wife. Mrs Currell then loans the money back to the Company.
2011 onwardsTax Challenge: HMRC investigates and assesses the £800k as if it were Mr Currell’s earnings, seeking income tax and NICs.

The key points of the arrangement were that the loan was fully documented, secured by Mr Currell’s shareholding, and he clearly intended (and was able) to repay it. The First-tier Tribunal (FTT) initially treated the payment to the trust as taxable pay, essentially calling it a reward for Mr Currell’s services. On appeal, the Upper Tribunal (UT) found the opposite: the contribution to the EBT was made solely to enable the loan, and since the loan had a real repayment obligation, the payment was not considered earnings.

FTT (201X): 

Viewed the £800k contribution (the “Payment”) as remuneration for Mr Currell’s work, relying on previous cases like RFC 2012 Plc v Advocate General for Scotland (“Rangers”) that held payments to a trust could be earnings when they were agreed upon as part of salary.

UT (2024): 

Ruled that the FTT made an error. It held that the loan itself was genuine and repayable, so the contribution was not Mr Currell’s pay. The UT “remade” the decision in HMRC’s favour (legally speaking) and concluded that the £800k was not taxable as earnings because of the loan’s bona fide nature.

Court of Appeal Decision

The Court of Appeal (CA) upheld the Upper Tribunal. It firmly agreed that the loan was genuine and properly characterised. Key principles from the judgement include the following:

Characterisation Over Purpose: 

The court stressed that the character of a payment must be determined before applying tax law. Money spent on employee benefits does not automatically become “earnings” simply because of the purpose. In Currell’s case, the money went into the trust and then became a loan. The CA emphasised that one must look at what the transaction actually was, not just at why it happened.

Genuine Loan ≠ Earnings: 

A loan with a real promise to repay is not earnings. The court noted that an employee receiving a genuine loan with repayment terms is not getting a benefit worth money in the sense of pay. Instead, any fiscal “benefit” (like zero interest) is taxed under the special loan/beneficial loan charge rules, not as salary. As the CA aptly put it, “In truth, what Mr Currell got was the loan. This was not a case of diverting remuneration to the EBT.”

Read: Everything You Need to Know About Director’s Loan Write-Off and the Douglas Boulton Case

Distinguishing Rangers: 

In Rangers (the 2017 Supreme Court case), it was already common ground that the monies were remuneration; the only question was whether a trust could receive them. Here, by contrast, the very nature of the payment was in dispute. The CA highlighted a “fundamental distinction”: unlike Rangers, in Currell it was not agreed the money was due as salary in the first place. Because the loan was secured and had to be repaid, the Court found it was incorrect to equate it with Mr Currell’s pay.

Limited Circumstances for Taxing Loans: 

The Court noted that only in limited cases – for example, a sham loan or arrangement – could a loan be treated as earnings. On Currell’s facts, there was no sham. The suggestion that a borrower’s control over a lender (e.g., via share ownership) could turn the loan into pay was dismissed; no legal authority supported that idea.

Caution Against Overreach: 

In its concluding remarks, the CA warned that HMRC’s broad approach could have unintended consequences. It gave examples: if every loan through a third party were taxed as pay, ordinary loans (like directors withdrawing loan account balances or loan season-ticket schemes via payroll) might wrongly be caught. This “close inspection of the trees” could miss the bigger picture. The court thus signalled that normal commercial loans should not be swept up as disguised salaries.

In summary, the Court of Appeal agreed that the Upper Tribunal’s conclusion “was the only one that could have been reached” and expressly adopted its view that the £800k was not part of Mr Currell’s earnings.

Practical Implications for Businesses and Advisers

The Currell ruling offers important guidance for businesses, directors and accountants dealing with trust-based benefits.

Genuine loans must be clear: 

Any loan from a company (even via a trust) should be well-documented, with a realistic repayment schedule and security. The court noted Mr Currell’s loan was properly secured on his shares and he had independent means to repay them. Companies should “confirm loans from EBTs/trusts are properly documented, secured, and carry a realistic repayment obligation”.

Characterise the transaction: 

Focus on the substance over the formal route. If an employee receives money that they must repay, it is more logically a loan than extra salary. As HMRC’s rules (and this case) emphasise, one must decide if the benefit came “from the employment”. In practice, explain in writing that the payment is a loan for a commercial purpose (e.g., a share purchase), not a payment for work.

Trustees’ independence: 

Ensure that trustees genuinely make trust decisions, rather than merely rubber-stamping them as the company or director would. The CA pointed to the importance of true trustee control. If trustees simply do what the employer directs, HMRC may argue the trust is a sham conduit.

Use Currell in disputes: 

If HMRC challenges a loan from EBT as disguised remuneration, this case is strong authority (for pre-2011 schemes) to insist the loan is taxed as such, not as salary. Advisers should request that HMRC confirm the character of the payment (loan vs remuneration) and cite Currell’s reasoning on s.62 analysis.

Beware modern DR rules: 

Currell was a pre-2011 loan (Part 7A came into force in Oct 2011) and a pre-loan charge. After 2011, the law expanded to treat many third-party loans as income immediately. The Court acknowledged that Parliament later closed this gap. So do not assume that post-2011 or Loan Charge-era loans can avoid tax; new anti-avoidance rules will often apply. In short, Currell vindicates older arrangements, but “for post-2011 structures, Currell does not provide a free pass.”

Review legacy schemes: 

This decision is an opportunity to re-check any old EBT or loan arrangements. Where a loan was truly made and intended to be repaid (even if it was tax-advantaged), Currell suggests it was not income at the time. Conversely, any sham or purely circular schemes should be unwound or settled.

Seek expert advice: 

The line between a legitimate loan and a disguised salary can be fine. Specialist tax advice (or even HMRC clearance) is prudent for complex arrangements. The Currell judgement itself recommends getting professional opinions and structuring “defensively” under Part 7A rules.

How We Help

As chartered accountants and tax specialists, Apex Accountants can help you navigate EBT schemes and employee tax:

  • Tax planning & compliance: We advise on structuring loans, share purchases or benefits so they meet legal requirements and minimise tax risk.
  • Disguised remuneration & EBT advice: Our team stays up to date on cases like Currell. We can review any trust-based arrangements and ensure they pass the correct legal tests.
  • HMRC dispute support: If you face an enquiry or need to appeal an HMRC decision, we can help develop your case (for example, using Currell to argue your loan was not taxable earnings).
  • Loan Charge guidance: We assist clients with historic loan schemes to check if and how the Loan Charge or new rules apply.
  • Tailored accounting services: From company accounts to payroll taxes and beyond, we provide practical support to UK businesses of all sizes.

With our expertise, you’ll get clear, practical advice grounded in the latest laws and court decisions. We aim to protect your interests and help you stay compliant without paying more tax than necessary.

Conclusion

The HMRC v M R Currell Ltd [2026] case is a reminder to look at the true nature of payments. A bona fide loan – even one routed through an EBT – should be treated as a loan for tax purposes, not as hidden earnings. This means thorough documentation and honest substance are vital. While later legislation (Part 7A, Loan Charge) has tightened the rules, Currell restores balance for older arrangements. It shows that legitimate trust arrangements with real loans won’t automatically trigger income tax just because a trust is involved. For specific situations, always seek tailored advice.

Contact Apex Accountants for expert support on employment taxes, EBT schemes and any HMRC issues. We’ll help you understand how cases like HMRC v Currell Ltd may affect your affairs and ensure you comply with tax law.

FAQs About HMRC v M R Currell Ltd [2026]

What was the main point of the Currell judgement?

The Court of Appeal confirmed that when a company’s contribution to a trust is used to fund a loan to an employee, this loan – if genuine and repayable – is not automatically taxable as earnings. In Currell’s case, the £800k he received was treated as a loan (with a real obligation to repay), not as salary.

How is this different from the Rangers’ case?

Rangers (2017) held that if an employee contracts to have part of their salary paid to a trust, it is taxable when it enters the trust. In Currell, by contrast, the court found that the parties disputed whether any salary was ever deferred; here, the arrangement was purely a loan. The Court emphasized that, unlike Rangers, it did not agree that Mr Currell had earned this money as pay.

Does this mean EBT loans are tax-free?

Not always. Currell specifically involved a loan made in 2010, before new anti-avoidance rules (Part 7A ITEPA, Loan Charge) took effect. The Court’s logic focused on that time. Today, many loans via trusts fall under strict DR legislation. However, Currell shows that if a loan was genuinely commercial and was entered into before 2011, it may not have been considered “earnings,” even if it was routed through a trust.

What should employers do now?

Companies should ensure any employee loans (direct or through trusts) are bona fide: documented, secured, and repaid. If using an EBT or similar vehicle, trustees must act independently. In case of HMRC enquiries, use the Currell case to argue that the loan should be taxed under the loan rules, not as salary, by highlighting the legal distinction. Always keep clear records of the purpose (e.g., a share purchase) to show the commercial rationale.

Will this case affect employees and tax appeals?

Yes. Individuals or employers who took loans from trusts (especially before 2011) can reference this ruling. It may overturn earlier assumptions that “trust = tax avoidance”. For appeals, lawyers and accountants will likely cite Currell when challenging HMRC assessments on genuine loans.

Everything About VAT Return Deadlines in the UK

Submitting a VAT return on time is one of the most important VAT responsibilities for UK businesses. A missed deadline can lead to penalty points, late payment charges and interest.

Most VAT-registered businesses submit a VAT return every 3 months. This period is known as the VAT accounting period. The usual deadline is one calendar month and 7 days after the end of the VAT period. This date is also usually the deadline for paying VAT owed.

For example, if your VAT period ends on 31 March, your VAT return and payment are usually due by 7 May.

What Is a VAT Return?

A VAT Return shows:

  • how much VAT your business charged on sales
  • how much VAT your business paid on purchases
  • whether you owe VAT
  • whether you can reclaim VAT

Even if there is no VAT to pay or reclaim, a VAT-registered business still needs to submit a return. This is often called a nil VAT Return.

Standard VAT Return Deadline

For most businesses, the VAT deadline follows a simple rule.

VAT period endsVAT Return usually dueVAT payment usually due
31 March7 May7 May
30 June7 August7 August
30 September7 November7 November
31 December7 February7 February

The exact date can vary depending on your VAT accounting period. Your VAT online account shows your return dates and when payment must clear.

Simple Rule to Remember

SituationDeadline
Standard quarterly VAT Return1 month and 7 days after the period ends
Monthly VAT ReturnUsually 1 month and 7 days after the month ends
Nil VAT ReturnSame deadline as normal
VAT paymentUsually the same date as the return deadline

This means the filing deadline and payment deadline are normally the same.

VAT Payment Deadline

VAT payments must reach the account by the payment deadline. Therefore, businesses should not delay making payments until the last minute.

Different payment methods can take different amounts of time. Direct debit can help with timing because the payment is normally collected 3 working days after the VAT Return is submitted, but the return must still be filed by the deadline.

What If the Deadline Falls on a Weekend or Bank Holiday?

  • Filing deadline: The same date applies even if it falls on a weekend or bank holiday. You still must file by that date (e.g., if 7 May is a Sunday, the deadline is still 7 May).
  • Payment timing: If you pay by bank transfer, it must be in HMRC’s account by the close of business on the due date. If the payment date is a weekend or bank holiday, aim to pay on the last working day before it to avoid late-payment penalties.

You can file online on the official date, but if the due date is a non-working day, plan for the payment to clear by the last working day before that date. 

Annual Accounting Scheme Deadlines

Some small businesses use the VAT Annual Accounting Scheme. The scheme works differently from standard quarterly VAT returns.

Under this scheme, a business usually submits one VAT Return each year. If the accounting period is between 4 and 12 months, the return is due 2 months after the end of the accounting period. When the accounting period lasts fewer than 4 months, the return must be submitted 1 month after the period concludes.

Annual Accounting SchemeDeadline
Accounting period of 4 to 12 monthsReturn due 2 months after period end
Accounting period under 4 monthsReturn due 1 month after period end
Monthly advance paymentsDue at the end of months 4 to 12
Quarterly advance paymentsDue at the end of months 4, 7 and 10
Final balancing paymentDue with the annual return

This scheme can help with budgeting, but the payment plan must be followed carefully.

Payments on Account for Large Businesses

Large businesses with high VAT liabilities may need to make VAT payments on account.

These businesses usually make advance payments during the VAT quarter, instead of paying the full amount only at the return deadline. The payment dates are the last working day of the second and third months of the VAT quarter. The 7-day electronic payment extension does not apply to these payments.

Payment typeWhen it is due
First payment on accountLast working day of month 2
Second payment on accountLast working day of month 3
Balancing paymentWith the VAT Return
VAT ReturnBased on the business payment schedule

This mainly affects larger businesses, but it is important to know if your VAT position grows over time.

What Happens If a VAT Return Is Late?

For VAT periods starting on or after 1 January 2023, late submission penalties use a points-based system. A business gets a penalty point each time it submits a VAT Return late. This includes nil returns and repayment returns. Once the penalty point threshold is reached, a £200 penalty can apply.

Filing frequencyPenalty point threshold
Annual2 points
Quarterly4 points
Monthly5 points

After the threshold is reached, further late returns can lead to more £200 penalties.

What Happens If VAT Is Paid Late?

Late payment penalties can apply when VAT is not paid in full by the due date.

The current late payment rules are:

How late the VAT payment isPenalty position
Up to 15 days lateNo first or second late payment penalty
16 to 30 days lateFirst penalty based on VAT owed at day 15
31 days or more lateFurther penalty and daily penalty may apply

Late payment interest can also run from the first day the payment is overdue until it is paid in full.

Tips to Avoid Missing a VAT Deadline

  • Check your VAT online account regularly.
  • Keep digital VAT records up to date.
  • Reconcile sales and purchase records before the period ends.
  • Set reminders at least 2 weeks before the deadline.
  • Allow enough time for payment to clear.
  • Do not ignore nil returns.
  • Review your VAT scheme if cash flow is tight.

How We Help Businesses File VAT Returns

Apex Accountants offers comprehensive support to keep your VAT affairs on track:

  • VAT return preparation: We prepare and file your VAT returns accurately and on time, so you never miss a deadline.
  • Deadline reminders: Our team monitors your VAT periods and sends alerts well before filing and payment dates.
  • Scheme advice: We can advise if annual accounting, flat rate, or other schemes suit your business and handle the filings accordingly.
  • Payment planning: We help you manage cash flow for VAT payments – including setting up direct debit and scheduling instalments, if needed.
  • Penalty help: If you face any HMRC penalties or queries, we’ll liaise with HMRC on your behalf and guide you through appeals.

Always file and pay your VAT on time to avoid fines. Keep the one-month+7-day rule in mind, use your online VAT account for dates, and consider professional help to manage your VAT obligations smoothly.

With Apex Accountants handling your VAT returns, you can focus on running your business while we manage the deadlines. We prepare accurate filings, check the figures carefully and help you meet the correct VAT payment deadline without last-minute stress.

We also support you with payment planning, digital records and timely reminders, so your VAT returns stay compliant and organised throughout the year.

FAQs About VAT Return Deadlines

When exactly is my VAT return due? 

It’s due 1 calendar month + 7 days after your VAT period ends. For most quarterly filers, that means if your period ended 31 March, the return is due by 7 May.

What if I owe no VAT? 

You still must submit a nil return by the deadline. Failing to file a nil return on time still risks penalties.

Does Direct Debit extend the deadline?

No – it doesn’t change the filing due date. It only means HMRC collects funds 3 days later, reducing the chance of a late payment.

What if the due date is a weekend or holiday? 

Make sure any payment clears on the last working day before the due date. (Filing the return should still be by the official date.)

How can I find my exact deadline? 

Your online VAT account will list all upcoming return and payment deadlines. It’s wise to check there or set up reminders.

2026-27 VAT Fuel Scale Charges: Key Changes and What They Mean for Your Business

From 1 May 2026, the UK VAT road fuel scale charges change to cover the period to 30 April 2027. These flat-rate charges apply when a business reclaims VAT on vehicle fuel but a car is used for private travel. In practice, instead of keeping detailed mileage logs, a fixed scale charge is added to the VAT return to account for the private fuel usage. The new charges (VAT-inclusive) are set by CO₂ emission band and by the length of the VAT accounting period (1, 3 or 12 months). Businesses must start using the updated scales in the first VAT period beginning on or after 1 May 2026.

What is a fuel scale charge?

A fuel scale charge is effectively a fixed amount of output VAT owed per car, depending on CO₂ emissions. For example, a car emitting 140 g/km CO₂ has a charge of £98 for a one-month period (or £1,182 for a 12-month period). These values include VAT, so the VAT element is already built into the published figures. Typical 2026/27 charges include:

CO₂ (g/km)12-month charge (£)3-month charge (£)1-month charge (£)
120 or less657.00163.0054.00
1401,182.00294.0098.00
1801,708.00426.00142.00
225 or more2,297.00574.00190.00

Table: Example VAT fuel scale charges for 2026–27 (VAT inclusive).

Read: How Company Car Tax Bands Work and What You Will Pay

Key Changes for 2026–27 VAT Road Fuel Scale Charges

The 2026–27 rates are slightly lower than in 2025–26, following official adjustments. For instance, the top band (225+ g/km) charge fell from £2,314 to £2,297 per year, and the lowest band (≤120 g/km) fell from £661 to £657 per year. All businesses using the fuel scale must switch to these new figures for any VAT period starting 1 May 2026 or later. The published guidance makes clear that “the VAT road fuel scale charges are amended with effect from 1 May 2026” and must be used from that date onwards.

How to Calculate Your Fuel Scale Charge

Identify the car’s CO₂ emission band

Check the official CO₂ figure from the vehicle logbook, the DVLA database, or the manufacturer’s certificate. If the exact figure isn’t a multiple of 5 g, round it down to the nearest 5 (e.g. 143 g becomes 140 g). If the vehicle has more than one CO₂ figure (e.g. separate figures for petrol and hybrid modes), use the lowest or the combined rating as advised.

Special case – older cars: 

Cars registered before 1997 may lack a CO₂ figure. In that case, use engine size to pick a band: up to 1,400 cc = 140 g/km band; 1,401–1,999 cc = 175 g/km band; 2,000 cc or more = 225 g/km band.

Choose period and charge:

Determine your VAT accounting period (1, 3 or 12 months). Then look up the corresponding charge for your CO₂ band. For example, a car at 125 g/km is in the 125 band, giving a charge of £246 for 3 months or £81 for 1 month (see table above).

Pro-rate if needed: 

If the vehicle was used privately for only part of the VAT period, pro‑rate the charge. Calculate the percentage of the period during which the car was used, and apply that to the scale charge. For example, if the accounting period is 12 months but the car was used only 6 months, a 50% adjustment applies. This approach is confirmed in the guidance: “record [the percentage] of the accounting period. Apply this percentage to each road fuel scale charge to get a total figure”.

Include on the VAT return

The fuel scale charge (which already contains VAT) is added to the VAT return as output tax owing on fuel. In other words, businesses reclaim input VAT on fuel normally, then add the flat scale charge to Box 1 of the VAT return for the period.

Also Read: VAT on Car Hire in the UK – What Businesses Need to Know

Applying the Scale Charge

  • One driver per car: 

The scale charge is applied per person-car combination. Each employee or director using a company car privately incurs one charge for that vehicle. If more than one person uses the same car, each must be treated separately.

  • Multiple cars: 

If an individual has multiple cars, apply the same steps to each vehicle. If two cars happen to fall in the same CO₂ band for the same person, HMRC notes they “should be treated as if they were one car” when calculating percentages. In practice, this rarely affects the outcome compared to treating them separately.

  • Record-keeping: 

Keep records of how each charge was calculated (CO₂ figure sources, period length, and any percentage used). This protects you in case of a VAT inspection.

  • Electric/hybrid vehicles: 

A fully electric car does not use VATable fuel, so the fuel scale does not apply. For plug-in hybrids or conventional hybrids, use the petrol/diesel CO₂ band as above.

How We Can Help You Deal with VAT on Automobiles 

  • VAT Return Support: We help businesses apply the correct fuel scale charges on each VAT return. Our team will ensure the right CO₂ band and period are used, so the fuel VAT is calculated correctly.
  • Company Car and Expenses Advice: Our experts can advise on company car tax and benefit rules. We explain the fuel scale method and alternatives (like mileage logs) so you choose the best option.
  • Record-Keeping and Compliance: We can set up simple spreadsheets or software entries to track usage percentages and keep evidence of CO₂ figures. This ensures your accounting is robust for HMRC review.
  • Proactive Updates: Tax rules change frequently. We monitor official updates (such as the new 2026/27 rates) and notify our clients promptly. You can rely on Apex Accountants to keep you compliant without surprises.

Our dedicated advisers stay current with all HMRC rules and can guide you through the fuel scale process. If you provide cars or fuel to staff, our firm can take the stress out of calculating and reporting these VAT charges correctly.

For more details or personalised support, get in touch with the Apex Accountants team. We can help you implement the new VAT fuel scale charges smoothly and ensure your VAT returns are accurate.

FAQs About Fuel Scale Charges in UK

Who must use fuel scale charges? 

Any business that reclaims VAT on fuel for a car and allows private use must account for fuel. The fuel scale is a simple, blanket method, so many companies choose it instead of tracking actual miles. If no VAT was reclaimed on fuel, the scale charge is not needed.

What if fuel is paid by personal funds? 

The scale charge only applies when the company reclaims fuel VAT. If an employee buys personal fuel with no VAT reclaimed, no output tax is due.

How to find a car’s CO₂ figure? 

Check the car’s V5C logbook, or use the DVLA online vehicle checker or the manufacturer’s data. Use certificates if needed.

What the Glasgow Restaurant VAT Fraud Case Teaches About Tax Compliance

In a recent case in Glasgow, two restaurant owners were found guilty of carrying out nearly a £700,000 VAT fraud scheme. This shocking case highlights the importance of maintaining proper financial records and adhering to VAT regulations.

The Glasgow Restaurant VAT Fraud Case

Two Glasgow restaurateurs were jailed after pleading guilty to large-scale VAT fraud. Antonio Carbajosa (41) and Kevin Campbell (44), involved in the Glasgow Restaurant VAT Fraud Case, ran several Glasgow venues — including Cranside Kitchen, Pickled Ginger, and Halloumi. They admitted fraudulently evading VAT for £682,882 between November 2011 and October 2016.

Their accountant, Khalid Javid (67), also pleaded guilty to submitting false VAT returns on their behalf. 

PersonRoleChargeOutcome
Antonio Carbajosa (41)RestaurateurFraudulent evasion of £682,882 VAT3 years in prison
Kevin Campbell (44)RestaurateurFraudulent evasion of £682,882 VAT3 years in prison
Khalid Javid (67)AccountantFalse statements in VAT returns (2 companies)Pleaded guilty; sentencing pending

How Was the £700k VAT Fraud Scheme Exposed

Both owners suppressed their true sales figures and under-declared their takings. This meant their businesses kept cash that should have gone to HMRC as VAT.

HMRC investigators spotted unexplained discrepancies in the VAT returns. An inquiry called Operation Keyholder followed, with forensic accountants examining accounts from 2012 to 2016. The probe confirmed a total VAT shortfall of £682,882.

Three of their companies were never registered for VAT at all — despite having annual turnovers well above the registration threshold.

The two restaurateurs admitted they and their accountant “acted together in a co-ordinated way” to cheat the VAT system. By hiding sales, the businesses appeared smaller. As the prosecutor noted, the companies could pay bills and draw higher wages because they were pocketing VAT that should have gone to HMRC.

Recent VAT Cases in UK:

How VAT for Restaurants Work

  • Food and drink consumed on the premises is always standard-rated at 20% VAT
  • Service charges and paid tips on top of meals are also subject to VAT
  • Hot takeaway food is usually standard-rated.
  • Cold takeaways and most plain foods are zero-rated or exempt
  • The VAT registration threshold (since April 2024) is £90,000 of taxable turnover

Any business expecting to exceed that in a 12-month period must register and start charging VAT. Businesses must also:

  • Issue proper VAT invoices
  • Keep till receipts and bank statements
  • Pay all VAT collected to HMRC
  • Retain all records for at least 6 years

Consequences of VAT Fraud

Under Section 72 of the Value Added Tax Act 1994, fraudulently evading VAT can lead to:

  • Up to 7 years in prison
  • Unlimited fines
  • Confiscation (POCA) orders to seize illicit gains
  • Criminal records and business bans
  • Reputational damage

Penalties are not limited to business owners. Corporate officers and accountants can also be prosecuted — as this case shows with Mr Javid.

How HMRC Catches VAT Fraud

HMRC uses automated data-matching and analytics to flag anomalies. In this case, HMRC noticed discrepancies in the VAT returns of two of the businesses, which triggered Operation Keyholder.

Common red flags include:

  • Missing till records
  • Undeclared cash sales
  • Invoices that don’t add up

HMRC cross-checks VAT returns against bank deposits, industry benchmarks, and supplier statements.

How We Help Restaurants Manage VAT and Stay Compliant

At Apex Accountants we help businesses navigate VAT rules and handle HMRC enquiries. Our services include:

  • VAT compliance reviews: We review your sales and records to ensure returns are correct and complete
  • VAT registration & planning: We advise on when and how to register, and on available VAT schemes for hospitality businesses
  • Support during HMRC investigations: Our experts guide you through meetings, help prepare responses, and liaise on your behalf
  • Forensic accounting & recovery planning: In serious cases, we reconstruct finances to clarify tax liabilities and protect your interests

Proper guidance can significantly impact the outcome of an investigation, ensuring a smooth process rather than a costly one.

FAQs About VAT For Restaurants

Is all restaurant food subject to VAT? 

Generally yes. Food eaten on-site is standard-rated at 20%. Some cold takeaway food may be zero-rated, but on-premises meals and drinks are a clear-cut VAT case.

What if I forget to register for VAT? 

HMRC can backdate the VAT liability. You may owe unpaid VAT, penalties of up to 100% of the amount owed, and interest. Voluntary early disclosure usually reduces penalties; hiding it can lead to criminal investigation.

Can I get in trouble for honest mistakes? 

HMRC understands errors happen. Genuine mistakes may attract lower penalties. But deliberate under-reporting or falsifying returns is treated as fraud. Even reckless inaccuracies carry serious consequences.

Do I have to repay VAT after conviction? 

HMRC usually tries to recover unpaid VAT through court orders. Businesses should assume they will be held responsible for all unpaid tax.

How can I avoid VAT penalties?

  • Register for VAT when required
  • Charge the correct VAT rates on each sale
  • Keep all invoices, receipts and till rolls
  • File accurate VAT returns and pay on time
  • Get professional advice quickly if HMRC contacts you

How Starbucks UK Tax Credit Reached £13.7m Despite Higher Sales

Starbucks UK’s tax credit situation highlights that sales growth does not necessarily lead to tax liabilities. Despite reporting a turnover of £525.6 million for FY2024, the company posted a loss before tax of £35.2 million, resulting in no current corporation tax charge. This loss was driven by deductible costs such as royalty payments and finance costs, which pushed the company into a tax-loss position. UK tax guidance allows businesses to carry forward or carry back trading losses against future profits.

The £13.7 million corporation tax credit reported in subsequent filings is most likely due to loss relief and deferred-tax accounting, rather than sector-specific credits. Starbucks’ primary business in the UK involves the retail and wholesale of coffee, tea, and related products. This case demonstrates how even profitable businesses can report a tax credit through strategic tax planning, leveraging available relief.

Starbucks UK Tax Strategy: A Strategic Overview

Starbucks UK’s tax strategy focuses on optimising loss relief and deferred tax accounting to manage its tax obligations efficiently.

  • Loss Relief: Starbucks UK offsets trading losses against future profits, reducing tax liabilities in profitable years.
  • Deferred Tax: By recognising deferred tax based on temporary differences, Starbucks adjusts its tax line to reflect future taxable profit, contributing to the £13.7 million tax credit.
  • Royalties and Fees: Payments for brand and intellectual property use are treated as operating costs, reducing taxable profit and potentially creating a tax loss.

What the Latest Official Filings Show

The relevant filing path is straightforward. The FY2023 full accounts were filed on 4 April 2024, the FY2024 full accounts were filed on 14 April 2025, and the latest FY2025 full accounts were filed on 8 April 2026. That gives a clear official timeline for the story. 

These dates come directly from the Companies House filing history for Starbucks Coffee Company (UK) Limited. 

The table below combines the latest FY2025 headline figures tied to the 8 April 2026 filing with the FY2024 figures visible in the prior-year statutory accounts filed on 14 April 2025. The FY2024 figures are directly visible in the official accounts. The FY2025 headline figures are the figures associated with the latest filed accounts. 

Key figureFY2025 latest filingFY2024 filed comparatorYear-on-year change
Sales / turnover£556.3m£525.6m+5.8%
Corporation tax line in the accounts£13.7m credit£1.0m charge£14.7m swing
Current UK corporation tax lineCheck note 11 in the FY2025 filing before quoting separatelyNiln/a
Loss before tax£41.3m loss£35.2m lossLoss widened

The official FY2024 accounts also show that the business earned £321.4m from company-operated stores and £203.4m from licensing and franchising, with total turnover of £525.6m. That matters because it shows the group’s revenue mix is broader than counter sales alone. 

Why a Tax Credit Can Appear Even When Sales Rise

Corporation Tax Is Based on Taxable Profits, Not Sales

Corporation tax is levied on taxable profits, not revenue. A business can increase its turnover but still report a tax loss after accounting for deductible trading costs, finance charges, capital allowances, and other tax adjustments. GOV.UK confirms that tax is calculated on profits, not sales.

Loss Relief

UK tax rules allow trading losses to be carried forward to offset future profits or carried back to earlier periods. This means a company can receive a tax credit even in a loss-making year if it has sufficient future profits to offset the losses.

Accounting and Deferred Tax

Starbucks UK’s FY2024 accounts mention deferred tax recognition on temporary differences. A tax credit is reflected in the accounts when there is an expectation of future taxable profits, allowing the company to recognise a deferred tax asset.

Corporation Tax Rates

The current UK corporation tax rate is 25% for profits above £250,000, with a 19% rate for small profits and marginal relief in between. A company making a large loss is not subject to current tax but still must account for temporary differences and deferred tax balances at the higher rate.

Specialised reliefs like R&D or creative industry credits do not seem relevant to Starbucks UK’s activities, as its primary business is the retail and wholesale of coffee and tea.

What the Filed Accounts Already Point To

The FY2024 strategic report reveals that Starbucks UK is licensed by Starbucks EMEA Ltd to use the Starbucks brand in the UK, for which it pays royalties. The company’s principal activities are described as the retail and wholesale trade of gourmet coffee, tea, and related products in the UK.

This is important because the FY2024 accounts show significant operating costs, such as:

  • Royalties and licence fees: £40.368 million
  • Staff costs: £118.6 million
  • Net impairment: £28.4 million

These large charges explain why high sales figures don’t automatically lead to taxable profit.

The FY2024 profit and loss statement outlines:

  • Turnover: £525.6 million
  • Operating loss: £27.5 million
  • Finance costs: £6.6 million
  • Loss before tax: £35.2 million
  • Tax charge: £1.0 million
  • Loss after tax: £36.2 million

This confirms the business was already in a loss-making position before the FY2025 filing.

The FY2024 tax note provides additional insight, showing:

  • No current UK corporation tax charge
  • A prior-year UK tax adjustment of £455k
  • Deferred tax of £522k
  • A total tax charge of £977k

It also highlights the tax effects from fixed asset differences and movements in deferred tax assets. The balance sheet shows a deferred tax asset of £37k, down from £559k the year before, further confirming the tracking of deferred-tax balances due to losses and timing differences.

The FY2025 filing, which reports a much larger tax credit, can be understood in the context of these prior-year details. The accounts already indicated the potential for such a change.

How Tax Planning Help Businesses in UK

At Apex Accountants, we help businesses read the tax line properly, not just the sales line. For companies facing similar issues, our work usually focuses on: 

  • Corporation tax reviews to reconcile accounting profit, taxable profit and the tax note. 
  • Loss relief planning so carried-forward and carried-back claims are used efficiently and correctly. 
  • Deferred tax support to test whether recognition is appropriate and defensible in the accounts. 
  • R&D and specialist relief screening so businesses do not miss legitimate reliefs or claim the wrong ones. 
  • Accounts and filing support for Companies House filings, tax-note drafting and year-end documentation. 

Conclusion

Under UK rules, tax is driven by taxable profit, not turnover, and the prior-year Starbucks UK retail business accounts already show the ingredients that can produce a tax-loss position: royalty charges, finance costs, impairment and deferred-tax movements. That is why a £13.7m corporation tax credit in the latest filing is not inconsistent with sales growth. It is a tax-accounting outcome, not a contradiction. 

FAQs About Starbucks UK Tax Credit

Why Did Starbucks UK Receive a Tax Credit Despite Increased Sales?

Sales growth and taxable profit are not the same. UK corporation tax is based on taxable profit, which is calculated after deductible costs and tax adjustments. If expenses such as impairments, finance charges, and other adjustments lead to a tax loss, it can result in a tax credit being recorded.

Does a Tax Credit Mean Starbucks UK Received Cash from HMRC?

Not necessarily. A tax credit in statutory accounts typically refers to an accounting entry related to loss relief or deferred tax recognition. It does not automatically indicate that cash was paid out to the company.

Did Starbucks UK Pay Corporation Tax in the Previous Year?

In the FY2024 accounts, the current UK corporation tax charge was nil. However, the total tax line included a £977k charge, which accounts for prior-year adjustments and deferred tax.

Could the £13.7 Million Tax Credit Be R&D Relief?

While it’s possible for a company to claim R&D relief for qualifying science or technology projects, Starbucks UK’s filed principal activity is the retail and wholesale of coffee, tea, and related products. The public filings do not suggest R&D as the primary reason for the tax credit.

Could the £13.7 Million Tax Credit Be a Creative Industry Relief?

Unlikely. Creative industry reliefs are aimed at production companies in sectors such as film, TV, theatre, and games. As Starbucks is a coffee retail business, it doesn’t fall into this category.

What Should Readers Look for in the Accounts to Understand the Tax Credit?

To understand the tax credit, readers should refer to the FY2025 full accounts filed on 8 April 2026. Key sections to review include the strategic report, the profit and loss account, and the taxation note. Additionally, the FY2024 accounts, filed on 14 April 2025, show how royalties, impairments, finance costs, and deferred-tax movements impacted the tax position.

VAT Recovery on Business Cars Explained: Leased vs Purchased Vehicles 

UK VAT law imposes strict restrictions on VAT recovery for business cars that also serve private purposes. Generally, businesses cannot claim input tax on buying a car unless the vehicle is exclusively for business use or falls into special categories such as taxis or pool cars.

  • Leasing has different rules: usually 50% of VAT on hire charges is blocked to cover private use.
  • Fuel and repairs follow separate rules: VAT on repairs is recoverable if the business pays, and fuel VAT can be reclaimed if the appropriate private-use adjustment is made (using the HMRC fuel scale charge or mileage logs). 

This article, based on HMRC guidance, explains the conditions for full, partial or no recovery of VAT on purchased and leased cars (mixed use), covers fuel and repair costs, recordkeeping, and disposal adjustments, and answers common questions.

VAT on purchased cars (including pool cars)

As a rule, input VAT on the purchase of a car is irrecoverable if the car can be used privately. If an owner or employee makes a car available for private use, they cannot claim VAT on its purchase price. The few exceptions are the following:

  • Exclusively business-use cars. The car must be used solely for business journeys and cannot be available for any private use. You must provide strict evidence, such as keeping the car at business premises and prohibiting personal use.
  • Pool cars. A car shared by staff (not allocated to an individual or kept at home) qualifies for full recovery. It must be normally kept at the business and not used privately.
  • Special-purpose vehicles. Taxis, driving-instruction cars or self-drive hire cars (used primarily for hire, with or without a driver) allow full VAT recovery on purchase.
  • Stock-in-trade. Cars held by a dealer or manufacturer for resale within 12 months can reclaim VAT as trade stock.
  • Converted to commercial or kit cars. If a car is permanently converted (e.g. to seat 12+ or built from parts), VAT can be recovered since it’s treated as a commercial vehicle.
  • Leaseback schemes. Special rules apply if a car is bought and leased back (100% input is allowed if output VAT is accounted for on resale).

When claiming VAT on purchased cars under an exception, maintain evidence. For example, a “business-only” car should have a written policy banning private use, be parked on company premises, and be used on verifiable business trips. HMRC’s test focuses on availability for private use.

If a car first qualifies for VAT reclaim and is later used privately, a self-supply adjustment is needed. In that case, output VAT is due on the car’s current value at the change of use.

For information on company car tax bands, read: How Company Car Tax Bands Work and What You Will Pay

VAT on leased vehicles

Leasing or renting a “qualifying car” incurs a special rule. If a business leases a car which it can also use privately, only 50% of the VAT on each lease or rental invoice can be reclaimed. This 50% block is a proxy for the private use of the vehicle. The business can reclaim the other 50%, subject to normal input tax rules (e.g., partial exemption).

Exceptions for leasing are similar to purchase:

  • Taxi or instructor leases. If the leased car is used primarily as a taxi, chauffeur hire, or driving instruction, 100% of the VAT on the lease charges is recoverable.
  • Short-term hire. A business hiring a car for no more than 10 days for purely business use need not apply the 50% block. Beyond this, the 50% rule applies from day one of hire.

All lease-related charges (rentals, extras, and optional services that aren’t separately invoiced) are subject to the 50% block. If maintenance is charged separately on the lease invoice, its VAT is fully recoverable; only the rental element gets 50% blocked.

Value-Added-Tax on fuel and repairs

VAT on Repairs & maintenance

If the business pays for vehicle repairs, servicing or parts, the VAT is recoverable as input tax, regardless of the vehicle’s private use. (Exception: a sole trader’s car used solely privately – then no recovery.) VAT on accessories fitted at the time of purchase is blocked if the car purchase was blocked.

VAT on Road fuel

When a business buys fuel, it can claim VAT but must account for the private use of that fuel. Two main methods exist:

  • Fuel scale charge: Reclaim all VAT on fuel and pay an output VAT “scale charge” (a flat-rate charge based on the car’s CO₂ emissions) to cover personal use. HMRC publishes updated scale tables each year. This avoids detailed mileage splitting.
  • Mileage records: Reclaim VAT only on the fuel used for business journeys (proportional claim). Keep detailed logs of business vs private miles and apportion the fuel costs.

Alternatively, a business may choose not to reclaim any VAT on fuel; in that case it makes no output adjustment on private fuel use.

Checklist: To maximise VAT recovery, businesses should:

  • Confirm if cars meet any exception (e.g., taxi or pool) before reclaiming VAT.
  • Apply the 50% input VAT block on leased car rentals where applicable.
  • Keep strict mileage records or use the HMRC fuel scale for mixed-use vehicles.
  • Keep all the VAT invoices for car purchases, leases, repairs, and fuel.
  • Maintain a log of each vehicle’s business and private use (dates, mileage, purpose).
  • If a car is sold after claiming VAT, account for output VAT on the sale.

Also Read: VAT on Car Hire in the UK – What Businesses Need to Know

VAT recovery by vehicle/expense type

Vehicle / Expense TypeVAT recoveryKey conditions / notes
Purchased car (private+business)0%Not recoverable if there’s any private availability. HMRC blocks VAT on mixed-use car purchases.
Purchased car (business-only)100%Recoverable only if the car is exclusively for business use (never made available privately).
Pool car (shared vehicle)100%Recoverable if kept on the premises, not allocated to an individual or kept at home.
Leased car (private use)50%Only 50% of VAT on lease rentals is recoverable; the rest is blocked.
Leased car (taxi/hire/instruct.)100%If used mainly for taxi hire, self-drive rental, or driving instruction, the full VAT on the lease can be reclaimed.
Road fuel (mixed use)100%*†All fuel VAT can be reclaimed if using HMRC’s flat-rate fuel scale or accurate mileage split (*see note*).
Vehicle repairs/maintenance100%It is recoverable as input tax when the business pays, regardless of any private use.

Fuel scale charge: Businesses can reclaim all VAT on road fuel and then use HMRC’s CO₂-based scale charge to account for private fuel use.

Record-keeping and disposal adjustments

  • Invoices: Keep VAT invoices for all car-related costs (purchase, lease rentals, fuel, and repairs). 
  • Mileage logs: Record business vs private miles if you do not use the fuel scale. 
  • Car policy: Document any restrictions on private use (e.g., a written ban or pool-car rules).

If your business sells a vehicle with recovered VAT, you must charge VAT on the sale price and issue a tax invoice. If VAT was not recovered on the purchase, the sale is exempt (no VAT). In either case, ensure that the disposal is handled in the tax period of sale.

How We Help You With VAT Recovery on Business Cars

At Apex Accountants, we guide businesses through complex VAT rules on company cars and fuel. Our services include:

  • VAT advisory: Advising on reclaim eligibility for purchased or leased vehicles.
  • Compliance reviews: check car and fuel records to maximise lawful VAT recovery.
  • Audit preparation support: Preparing documentation (invoices, logs, policies) and liaising with HMRC on VAT queries.
  • Training & policy setup: Helping firms implement car-use policies and mileage record systems.

Our team stays up to date with HMRC notices and UK VAT law, ensuring you reclaim every pound you’re entitled to while remaining fully compliant.

YAT recovery on cars and related expenses depends on use and status. Companies should plan vehicle use and keep detailed records to support any claims. Following HMRC’s guidance can prevent common errors and unlock legitimate VAT savings.

FAQs about VAT on Cars

Can I reclaim VAT on a company car if I sometimes use it privately?

No – if the car is available for private use by anyone, the input VAT for its purchase is blocked. Only exclusively business-use cars qualify for full recovery.

How does the 50% rule for leased cars work?

When you lease (or hire) a car for mixed use, you can reclaim only 50% of the VAT on each rental payment. This rule assumes the other 50% covers private use. The remaining 50% of VAT is irrecoverable.

Is VAT reclaimable on fuel and servicing?

VAT on vehicle repairs and servicing is always recoverable if the business pays. For fuel, a business can reclaim VAT on purchases but must adjust for personal use: either use the HMRC fuel scale charge (reclaim all VAT and then pay output VAT on private fuel) or apportion by mileage.

What evidence shows a car is business-only?

HMRC examines the car’s availability. A business-only car must never be used privately, must remain on business premises, and must not be assigned to one person. Written policies or logs can support these guidelines.

What happens when selling a business car?

If you’ve reclaimed VAT on the car (say a pool car), you must charge VAT on its selling price and account for output tax. The sale is exempt (no VAT charge) if you did not reclaim VAT at the time of purchase.

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