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.

Court of Appeal ruling puts VAT on education grants under scrutiny

The UK Court of Appeal has clarified the VAT treatment of education grants, marking an important shift for schools, universities, and training providers. The decision resolves longstanding uncertainty regarding when grants are subject to Value Added Tax and provides clear guidance for finance teams across the education sector. The ruling focuses on whether funding should be considered payment for a supply of services, with potential implications for both current and historic grants.

Understanding the Court of Appeal Ruling

The Court examined whether certain education grants are consideration for taxable supplies. It concluded that grants tied to delivering a specific service, programme, or outcome may be treated as taxable. Conversely, unconditional grants with no connection to service delivery remain outside the scope of VAT. This aligns with the broader principle set out in HMRC guidance that VAT liability depends on the economic reality of the transaction, not just its label (HMRC VAT Notice 700).

The ruling emphasises that conditional grants—those that require measurable outcomes—can create a supply of services. If a provider receives funds contingent on delivering education or training, HMRC may consider it a supply for VAT purposes. Unconditional grants, such as general operational funding without service obligations, remain non-taxable. This clarification helps organisations assess which types of funding are now subject to VAT liability.

Implications for Education Providers

The decision affects a wide range of institutions, including:

  • State-funded schools and colleges: Targeted grants for specific programmes may now attract VAT, making the education grant VAT rules for schools particularly relevant. 
  • Higher education institutions: Research grants or subsidised courses funded by councils or private sponsors may be taxable if they are linked to outcomes.
  • Vocational training providers: Apprenticeships or short courses funded conditionally may fall under VAT if tied to service delivery.

Providers must evaluate grant agreements carefully to determine VAT treatment. The ruling also signals that HMRC may scrutinise conditional funding more closely during audits. Accounting teams need to distinguish between taxable and non-taxable funding to ensure accurate reporting and compliance with the VAT Act 1994.

Practical Steps for Compliance

Finance teams should take several practical measures to remain compliant:

  • Review grant agreements: Identify grants with conditions tied to service delivery.
  • Update accounting processes: Ensure VAT treatment is accurately reflected in ledgers and returns.
  • Train staff: Ensure finance teams understand the new rules to avoid misreporting.
  • Seek professional guidance: Complex arrangements or historic grants may require expert interpretation.

Failure to comply with the VAT rules can result in penalties, interest, and potential audits. This Court ruling is a reminder that conditional grants are treated based on substance, not form, emphasising the necessity for proactive assessment.

Strategic Considerations for Directors and Finance Teams

Directors and finance teams should consider:

  • Maintaining detailed records of conditional funding and related outputs.
  • Confirming whether grants trigger VAT or remain outside the scope.
  • Consulting tax professionals for any grant arrangements involving measurable obligations.
  • Reviewing historic grants that may now require VAT adjustments.

The Court’s decision reinforces the principle that VAT is applied based on the economic substance of a transaction. Conditional grants represent a taxable supply if tied to the delivery of services, whereas unconditional funding remains exempt. This nuanced approach ensures that institutions account for VAT correctly and reduces the risk of HMRC challenges.

Apex Accountants & Tax Advisors: Supporting Education Providers

Apex Accountants & Tax Advisors can provide VAT guidance for education providers reviewing revised rules and seeking to reduce unintended liabilities. Our services include:

  • Reviewing grant agreements to identify potential VAT liabilities.
  • Advising on proper VAT accounting for conditional grants.
  • Preparing accurate VAT returns and liaising with HMRC if required.
  • Implementing systems to track funding and associated tax obligations efficiently.

By integrating these practices, education providers can minimise exposure to VAT liabilities, maintain compliance, and focus resources on delivering educational outcomes. Contact us today to get started!

FAQs

Q1: Are all education grants now subject to VAT?
No. Only grants that are linked to the delivery of a service, programme, or specific outcomes may be considered taxable. Unconditional grants, such as general operational funding or scholarships with no performance requirements, remain outside the scope of VAT. This distinction is crucial for finance teams when assessing VAT liabilities on both current and historic grants (HMRC VAT Notice 700).

Q2: How can providers determine if a grant is taxable?
Providers should carefully review each grant agreement to check for conditions that create a supply of services. Factors include:

  • Whether funding is conditional on delivering a specific course, programme, or measurable educational outcome.
  • Reporting or performance obligations tied to the grant.
  • Any requirement to provide services directly to students, sponsors, or government bodies.

For complex arrangements, VAT guidance for education providers is recommended to avoid misclassification and support compliance with VAT law.

Q3: What are the consequences of incorrect VAT treatment?
Misreporting VAT can have serious financial and compliance implications, including:

  • Payment of backdated VAT on amounts incorrectly treated as exempt.
  • HMRC penalties and interest charges.
  • Increased scrutiny in future audits, particularly for conditional grant funding.

Education providers should ensure that VAT accounting accurately reflects the economic substance of each grant to mitigate these risks (HMRC VAT Compliance).

Q4: Does this ruling apply to historic grants?
Yes. Grants received in the past may need reassessment if their VAT treatment was previously unclear. This is particularly relevant for conditional funding received over the last several years, where performance obligations or outcomes were linked to the payment. Providers may need to adjust accounting records, submit amended returns, or consult HMRC to confirm the correct treatment.

Q5: What practical steps should providers take to remain compliant?

  • Maintain clear documentation for all grants, including contracts, correspondence, and conditions.
  • Regularly review grant agreements for VAT implications before accepting or recognising income.
  • Train finance and administrative staff on conditional vs unconditional grants, including VAT rules for education grants in schools where funding is tied to specific outcomes. 
  • Seek professional advice for complex arrangements or when in doubt to ensure proper VAT reporting.

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.

VAT Payroll Fraud Case Ends in Heavy Prison Sentences

The VAT payroll fraud case in brief

On 21 April 2026, a Scottish court case ended with four prison sentences after a long-running VAT payroll fraud that diverted £8,831,124 in tax. Official case material shows the fraud ran from September 2015 to June 2017 and used a network of companies, including Linear Services, to bill clients for payroll services, collect VAT, and then keep that money instead of paying it over. The companies involved generated about £52 million in combined sales. 

The case was not treated as a paperwork error or a technical filing issue. The sentencing statement records deliberate evasion, significant planning, and a serious organised crime aggravation. Official summaries also show that the money was moved through bank accounts to the offenders, associates and family members, then spent on luxury goods, holidays and overseas property plans. 

Scottish VAT Fraud Gang’s Sentences at a glance

The total prison time imposed was more than twenty-two years

  • Leslie Thompson — found guilty after trial and sentenced to 7 years. 
  • Graeme Cullen — found guilty after trial and sentenced to 6 years. 
  • Graham Newall — found guilty after trial and sentenced to 5 years and 6 months. 
  • Martin Lang — pleaded guilty to an amended charge during the trial and was sentenced to 4 years. 
Key factDetail
VAT loss£8,831,124 was fraudulently evaded. 
Period of offendingSeptember 2015 to June 2017. 
Business scaleThe network collected VAT from clients through about £52 million of combined sales. 
Next financial stepConfiscation action is due to follow under proceeds-of-crime powers. 

The published sentencing remarks also make clear that the lead sentence was 7 years, which was the maximum available for this offence as committed before 22 February 2024. 

How the Scottish VAT fraud gang operated

In simple terms, the arrangement worked like this:

  • Payroll services were supplied to clients, and invoices included VAT. 
  • Over a 21-month period, the VAT was collected but not paid out. 
  • The money was then redistributed through bank accounts and used for personal spending rather than tax compliance. 

Official court material lists the spending in striking detail. It included: 

  • gold bullion, diamonds
  • luxury cars
  • clothes 
  • expensive watches 
  • Holidays
  • racing trips and ,
  • plans for a high-end overseas property development. 

The sentencing statement describes a scheme built on organisation, planning and sustained dishonesty over a lengthy period. It also records that the money should have gone towards frontline services but was instead used to support private lifestyles. 

What businesses should learn from VAT payroll fraud case

This payroll fraud case matters because it shows how ordinary-looking payroll arrangements can hide serious VAT risk. Employers and agencies should understand exactly what they are buying: labour only, payroll services only, or labour with payroll services. That distinction affects the VAT treatment and helps businesses test whether invoices make commercial and tax sense. 

The core checks are practical:

  • Verify the supplier’s VAT registration. 
  • Confirm who actually holds the workers’ employment contracts. 
  • Ask for evidence of Real Time Information submissions and tax payments. 
  • Keep a detailed record of every check completed. 

The red flags businesses should not ignore:

  • savings on payroll or labour costs that look too good to be true 
  • a payroll company asking an established business to transfer staff into it 
  • unusual third-party payment arrangements 
  • a supplier with no real office or online presence 
  • a payroll company with a name that closely resembles the end business 

There is also a direct VAT consequence for businesses higher up the chain. If workers’ contracts are shifted into a fraudulent company, recovered VAT may be denied, and VAT already reclaimed may need to be repaid. Separate labour-supply-chain guidance adds that links to non-compliant suppliers can create both financial and reputational damage. 

How We Help Businesses Stay VAT Compliant

For businesses that want tighter controls after cases like this, our services focus on:

  • VAT reviews for outsourced payroll and labour arrangements
  • supply-chain due diligence for agencies, contractors and end clients
  • invoice and contract checks to test whether VAT treatment is correct
  • support with VAT corrections, disclosures and compliance queries
  • practical record-keeping systems that stand up to scrutiny

Conclusion

This case ended with lengthy prison sentences because the conduct was deliberate, organised and sustained. More than £8.8 million in VAT was dishonestly withheld; the money was used for lavish personal spending, and confiscation action is still to come. For compliant businesses, the takeaway is clear: understand the service being supplied, test the VAT position properly, and document every supplier check before payroll money starts moving. 

FAQs 

How did this fraud actually make money?

It created VAT-charged payroll invoices, collected the VAT, and then held back the tax instead of paying it over. The court record shows that the money was then channelled into personal spending and related accounts. 

Can a business lose the right to reclaim VAT if fraud sits elsewhere in the chain?

Yes. A business can lose input tax recovery on transactions connected with fraud, including cases where it knew or should have known there was a fraud risk. 

What checks matter most before outsourcing payroll?

The essentials are identifying the real supplier, checking VAT registration, confirming who employs the workers, and reviewing evidence that payroll filings and tax payments are being made properly. 

Why does this matter for honest firms?

For labour supply chains and umbrella company abuse, non-compliant operators can undercut compliant businesses, damage reputations and expose workers to tax and rights-related harm. 

VAT on Furnished Holiday Lets in the UK: Hidden Rules Catching Landlords Out

Since April 2025, the UK government has abolished the Furnished Holiday Lettings (FHL) tax regime, aligning short-term rental profits with those from other property businesses. However, this change to income tax does not impact VAT on furnished holiday lets in the UK, as these properties remain subject to standard VAT rules. As such, VAT compliance continues to be a crucial consideration for landlords. holiday lettings are standard-rated supplies. When your taxable turnover, including holiday rent and other taxable income, exceeds the £90,000 registration threshold, you must register for VAT and charge 20%. Many landlords unaware of this rule face backdated assessments and penalties, particularly where the furnished holiday lets VAT for landlords in the UK are not properly understood.

Why VAT rules for furnished holiday lets in the UK apply

HMRC broadly defines holiday accommodation to encompass houses, flats, chalets, and even caravans marketed for short stays, forming the basis of VAT rules for furnished holiday lets in the UK. Supplies of such accommodation are standard-rated, and you must account for VAT on all charges regardless of length of stay. In contrast, residential letting is exempt. Because VAT registration is based on turnover across all taxable activities, multiple holiday properties owned by the same person must be aggregated. Splitting ownership across family members may not help: HMRC can issue a direction to treat artificially separated businesses as one if there are financial, economic or organisational links.

Notably, there is no reduced value rule for holiday accommodation. Hotels may reduce the VAT value for long stays after 28 days, but holiday homes remain standard-rated throughout the stay. This catches out landlords who assume that longer bookings reduce VAT liability.

Off‑season exemption

A limited exemption applies when holiday accommodation is let as residential property for more than 28 days during the off‑season. The area must have a clearly seasonal holiday trade, and you must keep evidence, such as tenancy agreements, showing residential use in line with VAT rules for furnished holiday lets in the UK. Letting for longer terms in winter can reduce VAT bills, but the conditions are strict and the property cannot be marketed as holiday accommodation during that period. Cities with year‑round tourism, such as London and Edinburgh, generally do not qualify.

Deposits and cancellations

Another pitfall involves deposits and cancellation fees. HMRC treats deposits as advance payments: VAT is due when the deposit is received. If the guest cancels and the landlord retains the payment, VAT remains due unless you refund the money. Cancellation or retention fees are also taxable. Landlords must therefore set booking terms that reflect the VAT consequence of non‑refundable deposits.

End of the FHL regime – and what it doesn’t change

The FHL rules, introduced in 1984, gave landlords access to beneficial capital allowances, capital gains reliefs and pensionable earnings. Their abolition from April 2025 means profits will be taxed like other property income. However, the VAT treatment of holiday lettings is unchanged. Even after the FHL status disappears, renting a property as holiday accommodation remains a taxable supply unless the strict off‑season exemption applies.

What landlords should do now

A reactive approach to VAT often leads to errors, penalties, and cash flow pressure. A more structured approach helps reduce risk and keeps reporting clean. Key actions include:

Monitor turnover and register at the right time

Track your taxable turnover on a rolling 12-month basis, not just by tax year. This report should include:

  • All income from holiday lets
  • Any other taxable business activities

Once you approach the £90,000 threshold, take action early. Late registration can result in:

  • Backdated VAT liabilities
  • Interest and penalties
  • Reduced profit margins if VAT was not factored into pricing

Use off-season letting strategically

Longer winters let can change the VAT position, but only if conditions are met. To apply the exemption:

  • The let must exceed 28 consecutive days
  • The property must be used as residential accommodation
  • The location must have a clearly seasonal holiday market

Keep clear evidence such as tenancy agreements and occupancy records. Without this, HMRC may treat the income as standard-rated.

Get deposits and cancellations right

 Deposits are not just administrative. They carry tax implications:

  • VAT is due when the deposit is received
  • If the booking is cancelled and the deposit is retained, VAT still applies

To manage these situations: Build VAT into your pricing model

  • Build VAT into your pricing model
  • Review booking terms to reflect tax treatment
  • Keep accurate records of refunds and retained amounts

This avoids underreporting and unexpected VAT bills.

Review how your business is structured

Splitting properties across different names or entities does not automatically reduce VAT exposure. HMRC looks at the substance of the arrangement. Businesses can connect through:

  • Shared finances
  • Common control
  • Integrated operations

they may be treated as a single company under VAT. This means:

  • Turnover is combined
  • VAT registration may be required earlier
  • Past periods can be reviewed

Structure decisions should be based on commercial reality, not just tax outcomes.

A considered approach across these areas can prevent costly corrections later and keep your holiday letting activity compliant and predictable.

How Apex Accountants can help

Landlords often overlook furnished holiday lets’ VAT for landlords in the UK until it becomes costly. Apex Accountants & Tax Advisors provides clear, practical support to help landlords stay compliant and protect profitability.

We can:

  • Review your turnover position and confirm when VAT registration is required
  • Set up compliant invoicing and digital record-keeping systems aligned with HMRC requirements
  • Assess your pricing strategy to account for VAT on bookings, deposits, and cancellations
  • Review letting agreements to help you make the most of off-season relief where applicable
  • Analyse your ownership structure to reduce the risk of HMRC treating separate entities as a single business
  • Support you through the transition following the abolition of FHL reliefs, aligning VAT with your wider tax position

Our focus is on giving you clarity, reducing risk, and helping you make informed decisions.

Contact Apex Accountants today for tailored, practical advice.

FAQs

Do holiday lets always incur VAT? 

Yes. Holiday accommodation is a standard‑rated supply. You must charge VAT once registered, except for off-season lettings lasting more than 28 days.

What is the VAT registration threshold? 

The threshold is £90,000 of taxable turnover over a rolling 12‑month period.

Can I avoid VAT by using separate companies or family members? 

HMRC can aggregate businesses with financial, economic or organisational links and require a single registration.

Are deposits and cancellation charges taxable? 

Yes. VAT is due when you receive a deposit or cancellation fee unless the money is refunded.

VAT Classification for Marshmallows: Why Giant Roasting Marshmallows Could Be Zero-Rated

A sticky dispute that went all the way back to tribunal

In late March 2026 the First‑tier Tribunal (Tax Chamber) handed down a decision on the VAT classification for marshmallows, which, while making headlines, carries significant implications for businesses selling food products. After years of appeals and remittances, Innovative Bites Ltd.’s oversized “Mega Marshmallows” do not typically require finger consumption, according to the tribunal’s conclusion. As a result, these giant marshmallows are not “confectionery” for VAT purposes and remain zero‑rated under Schedule 8 of the Value Added Tax Act 1994.

This decision follows a complicated procedural journey. In 2022, the tribunal initially ruled in favour of the taxpayer, holding that the product was not confectionery. HMRC appealed, and the Upper Tribunal upheld the decision. The Court of Appeal intervened in March 2025, finding that the earlier hearings had not addressed a narrow statutory question: whether the product is a “sweetened prepared food that is normally eaten with the fingers”. The appeal judges remitted the case back to a differently constituted First‑tier Tribunal to resolve this factual question.

By spring 2026, the remitted tribunal heard evidence on how consumers typically consume the product. It evaluated four methods of eating the marshmallows:

  • Way A: Roasted and eaten from a skewer.
  • Way B: Roasted, then removed from the skewer and eaten with fingers.
  • Way C: Roasted and sandwiched between biscuits and chocolate to form a s’more.
  • Way D: Eaten straight from the bag.

Using a simple inequality, the tribunal concluded:

  • Non-finger methods (A and C) were more common than finger-eating methods (B and D).
  • As a result, the product is not normally eaten with fingers.

Under Group 1 of Schedule 8 to the Value Added Tax Act 1994, food “of a kind used for human consumption” is generally zero-rated for VAT unless it falls under the confectionery VAT classification UK. However, certain items are excluded, such as confectionery, which is typically zero-rated VAT for food products. Item 2 specifies that confectionery includes chocolates, sweets, biscuits, and any sweetened prepared food normally eaten with the fingers. The dispute over marshmallows centres on this definition, particularly whether giant marshmallows marketed by Innovative Bites, which are larger and designed for roasting, should be considered confectionery.

Normal-sized marshmallows are widely regarded as confectionery, but the VAT classification for marshmallows becomes more complicated with larger, roasting-sized products. However, Innovative Bites’ giant marshmallows are marketed for roasting and sold in the barbecue section, not with confectionery. HMRC argued that the product, despite its size, should be taxed as sweetened prepared food eaten by hand, thereby falling under confectionery VAT classification UK The business, however, argued that due to its size and use in roasting, it should be classified more like a cooking ingredient. This case highlights the importance of precise VAT classification, as the 20% VAT can significantly impact retailers’ margins, forcing price increases or eroding profits.

From campfires to case law: the tribunal’s reasoning

During the remitted hearing, the tribunal considered several forms of evidence, including witness testimony, packaging, marketing materials, and the physical characteristics of the product. The tribunal specifically focused on how consumers typically consume the product, evaluating four distinct methods of eating:

  • Way A: Roasting on skewers (does not involve fingers).
  • Way B: Removing the roasted marshmallow from the skewer to eat it (involves fingers).
  • Way C: Roasting and making s’mores (dispute whether this involves fingers).
  • Way D: Eating straight from the bag (involves fingers).

The key dispute revolved around Way C, which involves roasting the marshmallow and using it in a s’more. The tribunal held that making a s’more does not qualify as eating the marshmallow with fingers for two reasons:

  1. Holding the biscuits, not the marshmallow: The consumer holds the biscuits when preparing the s’more, not the marshmallow itself.
  2. Marshmallow becomes an ingredient: Once the marshmallow is incorporated into a s’more, it is considered part of the whole dish, not just the marshmallow alone.

Having addressed the finger-eating methods, the tribunal then evaluated whether the non-finger methods (Ways A and C) were more common than the finger-eating methods (Ways B and D). Evidence showed the following:

  • Regular-sized marshmallows are more commonly purchased for snacking, while the larger product is marketed near barbecue items, emphasising roasting.
  • The packaging itself reflected this, with roasting and s’mores instructions featured prominently, while the “just snacking” instruction appeared last.

Although the evidence was not perfect, the tribunal followed established case law, which requires them to make decisions based on the available facts rather than defaulting to burden-of-proof arguments. The judges concluded that roasting and s’mores were the predominant methods of consumption, rather than eating with fingers.

Consequently, the tribunal ruled that the product is not normally eaten with the fingers. Coupled with the earlier conclusion that the product is not confectionery in the usual sense, the tribunal allowed the appeal and upheld the zero-rate VAT status for the marshmallows.

Implications for the food and drink industry

This ruling underscores the complexity of the UK’s food VAT regime and shows that classification depends on how consumers interact with a product, not just its ingredients. Businesses developing innovative food products must examine the following:

  • Packaging and marketing – Where products are positioned in stores and how they are described can influence judicial findings.
  • Size and design – The tribunal inferred that the large size makes roasting more likely and snacking less convenient.
  • Consumer behavior— Businesses may need to gather evidence about how customers actually consume their products. Lack of evidence could shift the burden back to the taxpayer.

The decision also highlights the risk of inconsistent outcomes for businesses with zero-rated VAT for food products, which can change based on product use and consumer habits. In March 2025, the Court of Appeal interpreted Note 5 as a conclusive definition: if a product fits the description, it is confectionery, unless applying the definition would be absurd. The Court remitted the case precisely because the original tribunal did not decide whether the product was normally eaten with fingers. Had the remitted tribunal found that finger methods were more common, the product would now be standard‑rated.

Other cases illustrate similar tensions. The Guardian’s report on the earlier proceedings notes that HMRC compared giant marshmallows to cooking chocolate and tiny marshmallows, which are ingredients and zero‑rated, while Innovative Bites argued that roasting changes the product’s texture. 

Practical steps for businesses

Given the stakes, food manufacturers and retailers should:

  • Audit product portfolios

Ensure that VAT treatment aligns with legislation and case law. Items that could be classed as confectionery should be reviewed, particularly if they are marketed as snacks or include sweet ingredients.

  • Document marketing and usage

Maintain evidence of how products are packaged, labelled, and promoted. If products are intended for cooking or roasting, ensure that instructions and images reflect these uses.

  • Gather consumer insights

Where HMRC raises an assessment, businesses may need to provide evidence of how consumers actually eat their products. Surveys, sales data and usage studies can support claims that a product is an ingredient rather than a snack.

  • Seek professional advice before launching new products

VAT classification can hinge on subtle factors, and early engagement with advisors can prevent costly disputes.

How Apex Accountants & Tax Advisors can help

Determining whether an unusual food product is “confectionery” requires navigating legislation, case law and HMRC practices. Apex Accountants & Tax Advisors offers specialist VAT services for the food and drink sector. Our team keeps abreast of tribunal decisions and can:

  • Review product lines to identify VAT risks and opportunities.
  • Advise on packaging and marketing so that the presentation of products supports the intended VAT treatment.
  • Prepare documentation and evidence to defend VAT positions during HMRC enquiries or appeals.
  • Provide training for finance and marketing teams on the implications of VAT legislation and recent cases.

If your business is developing or importing food products with novel characteristics, a proactive VAT review can prevent expensive surprises. Contact Apex Accountants today for a free consultation on how we can support your VAT compliance and planning.

Frequently asked questions

Are giant marshmallows standard-rated or zero-rated for VAT?

The remitted First-tier Tribunal concluded that Mega Marshmallows are not normally eaten with the fingers, so they do not meet the definition of “confectionery” in Note 5 and remain zero-rated. However, HMRC may still appeal, so businesses should monitor developments.

What does Note 5 to Schedule 8 of the Value Added Tax Act 1994 say?

Note 5 states that “confectionery” includes chocolates, sweets and biscuits, certain preserved fruits, and any item of sweetened prepared food normally eaten with the fingers. This inclusive definition means that if a product fits the description, it will generally be standard‑rated.

How did the tribunal decide that roasting and s’mores consumption were more common?

Evidence showed that the product is marketed for roasting and located in supermarket barbecue and world‑food aisles. The tribunal also noted that typical consumers buy normal marshmallows for snacking. On this basis, eating from skewers and in s’mores was deemed more frequent than eating straight from the bag.

Does size affect VAT classification of marshmallows?

Yes. The product’s large size made it impractical for snacking and more suitable for roasting. The tribunal inferred that consumers would not usually eat oversized marshmallows straight from the pack, differentiating them from smaller marshmallows, which are treated as confectionery.

Can HMRC appeal the 2026 tribunal decision?

HMRC has the right to seek permission to appeal within 56 days of the decision. The Edinburgh Chamber of Commerce’s commentary notes that HMRC might argue that the taxpayer did not provide enough evidence about consumer behaviour. Businesses should therefore continue to monitor for further appeals.

What steps should businesses take when uncertain about VAT classification?

Consider seeking advice from VAT specialists, reviewing how products are marketed and consumed, and preparing evidence to support your position. Early engagement with professional advisors like Apex Accountants can reduce the risk of assessments and penalties.

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