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VAT successes for charity sector

VAT successes for charity sector
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VAT successes for charity sector

Finance | 25 Mar 2008

A VAT tribunal has ruled that abandoned animals handed into pet rescue centres and charities by police or members of the public are zero-rated for VAT when re-homed and sold to new owners. HMRC had previously ruled that only animals donated to such charities by their original owners could be zero-rated.

The tribunal found that the charity involved in the appeal, the Gablesfarm Dogs and Cats Home in Plymouth, had taken steps to return genuinely lost animals to their owners and that those it offered for re-homing had been deliberately abandoned. In these circumstances the animals given to the charity by the local authority, the police and members of the public were donated and therefore zero-rated when sold.

HMRC is not appealing against the tribunal’s decision and accepts that charities selling animals in similar circumstances should zero-rate their supplies.

Meanwhile, charities which operate day care centres and care homes which partly cater for the disabled may be eligible for a VAT refund following a another recent case involving Friends of the Elderly. HMRC policy has been that zero-rating has been available on the actual physical installation of a lift but not the other professional services necessary to its installation such as those of architects or surveyors. The tribunal found that this policy was incorrect and that zero-rating should apply to all services necessary to installation, including project viability reports. This means that charities will have overpaid VAT on these services which they can now recover.


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