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Q: I have a new, VAT registered client that is converting a barn into a dwelling which will then be rented out solely as FHL accommodation. They have engaged a builder who is charging 20% on all conversion costs. We are of the view that this should be at 5% yet the builder is adamant he is correct and has told my client the additional 15% should be claimed from HMRC. Can you confirm we are correct for VAT on this income?

Providing you are happy the conditions in para 7.1.2 of VAT Notice 708 are met, you are correct in your understanding that the construction services qualify for 5% VAT. Where the builder is also installing items that are not building materials (e.g. carpets and most kinds of appliances and built-in furniture) these elements (labour and materials) are chargeable at 20%. With regards to VAT recovery, the client can only recover VAT as input tax if it has been correctly charged in the first place (as well as the normal requirements, e.g. the cost is for taxable supplies and is supported by a valid VAT invoice etc). If the client intends to solely use the barn for taxable standard-rated FHL supplies it will be able to recover the VAT it incurs as input tax, but only to the extent the VAT has been correctly charged. If the builder has charged 20% VAT on work that should be at 5%, HMRC will only allow a claim for 5% and will insist that you go back to your supplier to get them to credit and refund back to you the overcharged VAT.

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