First-tier Tribunal (FTT) on VAT on Cooked Food and Its Impact on Your Business

The FTT’s recent decision regarding Morrisons’ rotisserie chickens has serious consequences for food retailers across the UK. In a ruling that places rotisserie chickens under the standard 20% VAT rate for hot food, the court has sparked important questions for businesses. This article will explain what this ruling means for your operations, why it is relevant for your business in terms of VAT on cooked food, and how it could affect your pricing strategy moving forward. Stay ahead of the changes and understand how to ensure your business is fully aligned with the latest VAT regulations.

What Was the Court Ruling on Morrisons’ Rotisserie Chickens?

After losing a legal challenge against HM Revenue & Customs (HMRC), Morrisons, a major UK supermarket chain, now faces a £17 million tax bill. The case centred on the potential application of VAT on Morrisons’ rotisserie chickens. The supermarket argued that the chickens, which are often eaten cold or reheated later, should not attract the standard 20% VAT rate applied to hot food.

However, the court ruled that the rotisserie chickens are still considered “hot food” for VAT purposes. The key factor in the court’s decision was that the chickens were sold while still above ambient temperature, despite being packaged to cool down. Even after two hours, the chickens were still warm at temperatures between 42°C and 45°C. Without the special packaging, the temperature would have been much lower—around 31.8°C.

This ruling highlights that food items, even those intended to be consumed cold later, are still subject to VAT if they are sold at temperatures significantly above ambient levels when purchased. Understanding HMRC VAT rules for food is crucial to prevent unexpected tax liabilities.

How Does This Affect My Business if I Sell Hot or Cooked Food?

If your business sells cooked food such as rotisserie chickens, pies, or other takeaway meals, this ruling has important implications. If your food is sold while still hot or warm, even if it’s later consumed cold, it could be subject to the standard 20% VAT rate.

For example, food products stored in a hot cabinet and sold while still above room temperature would fall under the VAT charge. However, if the food cools down and is sold at room temperature, it may not attract VAT. The key factor is whether the product is still considered “hot food” when sold.

How Retailers Can Ensure Compliance with VAT

To ensure VAT compliance for food retailers, businesses selling cooked food must be clear about when VAT applies. If food products are stored in a way that retains heat or are sold while still above ambient temperature, VAT will likely apply. This includes items like rotisserie chickens that remain warm at the point of sale. On the other hand, food sold at room temperature or that cools naturally before sale may be exempt from VAT. Retailers should carefully review how they store and display their food to ensure they follow the correct HMRC VAT rules for food.

Adjusting Prices to Reflect VAT

VAT-registered businesses must display prices inclusive of the 20% VAT on hot takeaway food (VAT Notice 709/1, para. 2.5).

 For example, a rotisserie chicken priced at £4.40 net will be £5.28 inclusive (£4.40 net + £0.88 VAT). When reclassifying from zero-rating, businesses should determine if previous prices need adjustment to maintain net margins.

A price increase from zero-rated £4.40 to VAT-inclusive £5.28 may reduce volume by 10%–20%, especially among price-sensitive customers. To mitigate this, retailers can test pricing in stores, offer loyalty schemes, bundles, or promotions, and shift to zero-rated cold products. Absorbing the VAT cost or seeking HMRC clearance may also help avoid penalties.

Reclaiming VAT on Cooked Food Products

If your business is VAT-registered, you can reclaim VAT on purchases used for business purposes. This includes ingredients and other supplies used to prepare cooked food products. To maximise the benefits of the VAT system, it’s essential to track and report your VAT accurately, ensuring that you’re claiming the correct amount. These steps will help your business maintain compliance while improving cash flow and managing your tax liabilities effectively.

How Apex Accountants Can Support Your Business with VAT on Cooked Food

At Apex Accountants, we offer expert VAT consultancy to help your business stay compliant with the latest regulations. If you sell cooked foods, such as rotisserie chickens, we can guide you through the complexities of VAT, ensuring your pricing strategies reflect the correct tax treatment and minimising your tax liabilities.

Our services include:

• VAT Compliance and Advisory for Food Retailers
• Pricing Strategy Optimisation to Account for VAT
• VAT Registration and Reporting Assistance
• Support with VAT Audits and Disputes
• Tailored VAT Solutions for the Retail Sector

By partnering with us, you can confidently manage your VAT obligations, stay ahead of changes, and make informed decisions that support your business’s growth and compliance.

What Should You Do Next?

If you’re unsure about how VAT applies to your food products, now is the time to review your sales practices and packaging. You may need to adjust your pricing or sales strategy to ensure compliance with VAT regulations. At Apex Accountants, we’re here to help you manage these changes and support your business in maintaining VAT compliance for food retailers.

If you need any clarification about VAT or need assistance with your pricing strategy, don’t hesitate to get in touch with us today.