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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
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    • CommentAuthorTriassic
    • CommentTimeJan 9th 2015
     
    I'm just about to start my self build and was wondering if anyone could explain how the VAT reclaim thing works, where I can find the official guidance, the necessary forms or notifications etc?
  1.  
    Presumably you have looked at this?:

    https://www.gov.uk/vat-building-new-home/eligibility

    ...though I agree a gov't guide may be very different to actual experience!
    • CommentAuthortony
    • CommentTimeJan 9th 2015
     
    Statute law says that you must be given back any VAT on allowable items for new build, mostly materials, keep all receipts and fill in claim form, possibly at end or every few months to get it back.
    • CommentAuthorcjard
    • CommentTimeJan 9th 2015 edited
     
    you can only make the vat reclaim once, at the end of the job when you have something that proves it's finished (like a completion cert, council tax bill etc)

    HMRC require the claim to be laid out in a set format and they provide sheets for you to record all the receipts on - best off doing things in their preferred format because it's easier for them than having to think

    if youre new building then your suppliers should zero rate their services and supply of goods. If you buy the bricks and get e.g. a brickie to install then his work is at 0% and the bricks are at 20% - you pay the VAT and get it back. I've long considered that an unscrupulous builder could say "1200 inc vat to supply bricks and build a wall" and when you point out it's a new build he changes it to "1200 plus 0% vat to build a wall" - the only mechanism to stop this is you should be ablee to go to another vat registered builder who will say "1000 + vat to build a wall, and the vat is 0%" so the honest guy gets the business

    if youre doing a conversion you get charged 5% vat on "services supplied during the course of construction" so if your bricke brings the bricks and builds a wall you pay 5% vat and you cannot reclaim it. this might be one of those situations where you prefer to buy the bricks at 20% vat and have it reclaimable and then pay someone 5% vat to do the laying which is perfectly acceptable

    certain services are not allowed to be zero rated, mainly non dirty stuff like architects, planning consultants and other professional services
    certain things are not allowed to be reclaimed, like carpets and appliances, even built in ones, apart from AGAs. the rule of thumb is: if it would cause serious damage to the fabric of the building or vital system to remove it, then it's "part of the fabric of the building" and is allowed to be reclaimed

    if you want to reclaim your VAT every few months then you'll have to form a limited company to carry out your building work
    • CommentAuthorsnyggapa
    • CommentTimeJan 9th 2015 edited
     
    to add to that. you need to send original receipts, so use a secure service - I used special delivery with "consequential loss" insurance, I think it cost about a tenner from the post office

    I guess some of the art is the organisation - I did 2 spreadsheets, (I think there is form D and form E, one for where VAT is shown on the invoice separately and one for where it is not), then marked each reciept D1, D2, D3, E1, E2, E3 etc to line up with the row on the spreadsheet and bulldog clipped them in order.

    there were some bills (mainly from DIY warehouses or screwfix) that had a mixture of claimable and non-claimable stuff (example you shouldn't be able to claim for tools). For those I put a line through the non-claimable and manually calculated the total - accepted without a peep

    I got paid within a week or two which really surprised me but that may have been partly due to the fairly well organised pile that I sent them.

    -Steve

    -edit- and yes, make sure any trades you employ zero rate their work to you. They probably won't all like it but the decent ones will happily bill you at zero rate - they probably need a copy of your planning consent for a new build to go in their records in case they get a VAT inspection themselves, but if you are engaging sparkies, plumbers, having an alarm fitted, etc make sure it's zero rated. "Stuff" you buy you have to pay the VAT on and reclaim at the end ( so a cashflow issues) but if someone is doing WORK them the should 0 rate the supply (which includes their labour and any good they supply)
    • CommentAuthorCWatters
    • CommentTimeJan 9th 2015
     
    Posted By: cjard if youre doing a conversion you get charged 5% vat on "services supplied during the course of construction" so if your bricke brings the bricks and builds a wall you pay 5% vat and you cannot reclaim it.


    I've only done a new build but I'm pretty sure you can reclaim the 5% VAT paid on a conversion...

    http://www.homebuilding.co.uk/advice/existing-homes/renovating/vat

    Conversions

    Conversions are zero-rated but the rules governing the payment and recovery of VAT are slightly different to those applied to new build. With conversions, labour-only or supply-and-fix contracts attract a reduced VAT rate of 5%.

    As with new build, if the self-converter purchases materials on their own account they will have to pay out VAT at the full rate. But then they can recover this, together with the 5% paid out to builders or subcontractors, at the end of the project.
    • CommentAuthorCWatters
    • CommentTimeJan 9th 2015
     
    When you get a quote check if it says "plus VAT". If it does point out that it's a new build that should be zero rated and ask for an amended quote. Don't just assume they will be happy if you don't pay VAT at the end. If they are concerned you can refer them to VAT Notice 708 which is a guide to builders and subcontractors telling them how much VAT they should charge you.

    Otherwise you want form VAT431NB (New Build)...

    http://www.hmrc.gov.uk/forms/vat431nb.pdf

    You can use a spreadsheet instead of the tables provided you keep same headings.

    Note they want receipts in date order so keep them filed that way or you will have some sorting to do.
    • CommentAuthorCWatters
    • CommentTimeJan 9th 2015
     
    PS If anyone tells you that _their_ particular bit must be 20% come to this forum or the ebuild form for advice.

    For example the water co told me that a water main diversion costing about Ă‚ÂŁ5k would have to be standard rated. I argued and eventually they agreed that if my house was connected to the new route they could zero rate it.
    • CommentAuthordickster
    • CommentTimeJan 9th 2015
     
    We claimed around 2K back with absolutely no probs.
    • CommentAuthorjfb
    • CommentTimeJan 9th 2015
     
    do you know if HMRC need to see detailed working plans of the whole build? I ask because I have spent aboout 150k on a major renovation of a farmhouse but mostly on a bit by bit basis rather than working to a set of detailed plans. I could retrospectively knock up some plans but that would be quite an effort and I'm not sure what HMRC expect.
    On a side note I still have to prove that the building has been unoccupied for 10 years to get full VAT back so that isn't fully sorted yet, but hopefully I can sort that side out.
    • CommentAuthorathomson
    • CommentTimeJan 9th 2015
     
    And if I can piggy-back on this thread with a related VAT question...

    Can I reclaim the VAT charged on delivery of materials?

    I have a number of invoices where a charge was made for delivery of materials (with VAT charged on this delivery sum). Can I reclaim the whole VAT amount on the invoice - including the VAT on the delivery charge - or am I meant to recalculate this for the VAT on the materials only?

    Thanks.
    • CommentAuthorathomson
    • CommentTimeJan 9th 2015
     
    Sorry - having searched with no luck previously - my post just now motivated me to have another go at Googling, and I found the answer immediately:

    VCONST24400 - DIY builders and converters VAT Refund Scheme - eligibility of claims: condition 6: is the claim for eligible goods and/or services?

    "Delivery charges

    The VAT incurred on delivery charges separately itemised on main invoices for eligible goods are part of the value of the goods for the purposes of the Scheme and can be refunded.

    Separate invoices for transport or delivery aren’t eligible for refund."

    http://www.hmrc.gov.uk/manuals/vconstmanual/vconst24400.htm#IDAELEWB


    Sorry to have troubled everyone!
    • CommentAuthorborpin
    • CommentTimeJan 9th 2015
     
    Couple of other points, if the kitchen appliances are 'free' with the kitchen, then they can be reclaimed or zero rated. Fitted wardrobes are not zero rated unless they are enclosed on 3 sides by a wall/alcove. You should be able to see the wall when you open the door. Storage should again enclose on 3 sides.

    Supply and fit is the phrase; if the VAT registered builder supplies the materials and fits them, he can zero rate the whole lot.

    Try and buy stuff on separate invoices where some can be reclaimed and some cannot - makes it easier.

    Make sure the invoice is a valid VAT invoice with a VAT number. If over Ă‚ÂŁ100 it also needs the site address IIRC.
    •  
      CommentAuthorfostertom
    • CommentTimeJan 9th 2015
     
    All v gd detail - thanks
    • CommentAuthorsnyggapa
    • CommentTimeJan 9th 2015
     
    ah yes, I had to hand-write my site address on a large number of invoices - didn't cause any problems in the reclaim though

    I guess it's only needed to stop you using the same receipts for more than 1 VAT reclaim
    • CommentAuthorcjard
    • CommentTimeJan 9th 2015
     
    Funny, hmrc were adamant when I phoned them that 5% rated stuff was not able to be reclaimed. I've yet to make my vat reclaim, so I'll phone them again to clarify this
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2015
     
    Are you doing a conversion or a renovation of a house that's been empty >2 years? Both are partly 5% rated but I believe one can be reclaimed and the other not.
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2015 edited
     
    <blockquote><cite>Posted By: jfb</cite>do you know if HMRC need to see detailed working plans of the whole build? I ask because I have spent aboout 150k on a major renovation of a farmhouse but mostly on a bit by bit basis rather than working to a set of detailed plans. I could retrospectively knock up some plans but that would be quite an effort and I'm not sure what HMRC expect. On a side note I still have to prove that the building has been unoccupied for 10 years to get full VAT back so that isn't fully sorted yet, but hopefully I can sort that side out.</blockquote>

    If the house has been unoccupied then council tax records are generally the best evidence. There is quite a difference between the rules for a house empty for 2 years and one empty for 10 years. Some details here..

    http://www.homebuilding.co.uk/advice/beginners/finance/different-vat-concessions

    It's important to note that the house has to be empty for 10 years "before work starts". So if you move in and then start work you fail the test because you occupied it before work started (eg it wasn't empty for all of the 10 years before work started). However you are allowed to start work and then move in. So be very careful what dates you put on the reclaim form.

    If you can prove it's been empty 10 years then it's treated like a conversion of a barn or similar. They ask for a copy of your planning permission but if your renovation was covered by Permitted Development Rights you have to explain that at Q14 on page 1 of the reclaim form. The form has a guidance notes at the end.

    http://www.hmrc.gov.uk/forms/vat431c.pdf

    I don't believe you need to send full plans but I've not done a conversion only a new build. I only sent the drawings from my planning permission.
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2015 edited
     
    Posted By: cjardFunny, hmrc were adamant when I phoned them that 5% rated stuff was not able to be reclaimed. I've yet to make my vat reclaim, so I'll phone them again to clarify this


    Ok here it is on the HMRC web site...

    https://www.gov.uk/vat-building-new-home/eligibility

    Conversions

    The building being converted must usually be a non-residential building. Residential buildings qualify if they haven’t been lived in for at least 10 years.

    You may claim a refund for builders’ work on a conversion of non-residential building into home.


    That "builders work" is the 5% rated bit. If the builder charges 20% in error then you can't reclaim it. You would have to get it back off the builder.
    • CommentAuthorbella
    • CommentTimeJan 10th 2015
     
    When renovating, as opposed to change of use or "empty ten years", all works and materials for insulating a domestic building element previously uninsulated/poorly insulated is 5% VAT. Neither architect nor builder knew this! So, having read the official guidance I rang HMRC and took them through the floor/roof/wall build-up step by step. After conversing with "my supervisor" the helpful chap I spoke to agreed that 5% was the correct figure. This included renewing elements that of necessity had to be taken out and replaced or renewed as required such as skirtings/door frames/bathroom fittings where two outside walls were involved. Builder then claimed quarterly being careful to be sure he kept to the agreed formula - all honest and above board. I kept names at HMRC for future reference but there was no comeback. Saved a load of money.
    •  
      CommentAuthorfostertom
    • CommentTimeJan 10th 2015
     
    That's right bella - essential to keep the name and ideally phone conversation record no, after getting this 5% for insulation thing clarified. They actually said to me that what's written in Notice 706 or whatever it is, is not correct, or at least grossly misleading, in confirming that my optimistic/hopeful interpretation was in fact correct.

    I've relied on that recorded conversation, and a follow-up re-confirmation. several times now. Architects, builders, accountants are ignorant and/or strongly dispute this - that the 5% applies very generously to everything that's necessary or supports the actual insulation etc work - scaffolding, new roof structure/design necessary to accomodate the insulation ... etc. And a project/contract can be apportioned between 5% work and 20% work.

    I had to determine (legally terminate) one contractor's contract, one of the several reasons being his and his accountant's complete refusal to accept what I had established about all this with HMRC.
    • CommentAuthorEd Davies
    • CommentTimeJan 11th 2015
     
    Posted By: cjardcertain services are not allowed to be zero rated, mainly non dirty stuff like architects, planning consultants and other professional services
    Correct, but funnily it's almost literally “non-dirty” stuff rather the “certain services”. E.g., AIUI if, for some reason, you get a surveyor in to lay out the site then you have to pay full-rate VAT on their fees and can't reclaim that whereas if the grubby builder does it as part of doing the foundations then they should zero-rate that work.

    Posted By: athomsonCan I reclaim the VAT charged on delivery of materials?
    …
    Sorry to have troubled everyone!
    Not at all, I found that useful information to bear in mind.
    • CommentAuthorborpin
    • CommentTimeJan 12th 2015
     
    Posted By: Ed DaviesCorrect, but funnily it's almost literally “non-dirty” stuff rather the “certain services”. E.g., AIUI if, for some reason, you get a surveyor in to lay out the site then you have to pay full-rate VAT on their fees and can't reclaim that whereas if the grubby builder does it as part of doing the foundations then they should zero-rate that work.
    This extends to things like plant hire. If a VAT registered builder hires plant as part of the 'supply and fix' he can claim that VAT back and not pass it on (Zero rate it). I have got a friendly VAT registered builder, doing work for me, to hire kit I need so I pay him and save the VAT.

    I have not done it, but if you did a complete design and build with a single company, would the design fees be zero rated then? I assume so as you would not be charged for these separately. However, demonstrating that the price charged allowed for this took into account the lack of VAT would be challenging :)
    • CommentAuthorringi
    • CommentTimeJan 12th 2015
     
    Has anyone looked at cheating their own "single use" linted company to do their build, and hence have everything done by a vat registered company?
    • CommentAuthorcjard
    • CommentTimeJan 12th 2015 edited
     
    @borpin - I suspect they'd expect an itemised invoice and non qualifying elements would ne be refunded. Consider buying a kitchen - the cabinets are refundable, VAT on appliances isn't. If you can convince the supplier to charge you more for the cabinets and throw the appliances in for free it's a legitimate way round this. You'd probably have to get the co to include the design fees into something else, then list them as a freebie on an invoice
    • CommentAuthorcjard
    • CommentTimeJan 12th 2015 edited
     
    Posted By: ringiHas anyone looked at cheating their own "single use" linted company to do their build, and hence have everything done by a vat registered company?


    It's not cheating; a friend of mine had his company do his self build and reclaimed everything along the way. He recommended I do the same, but I wasn't certain that forming a limited company was worth the few thousand it'd save over the entire job.
    • CommentAuthorsnyggapa
    • CommentTimeJan 12th 2015
     
    my guess is cheating was a type, for creating

    freudian slip..
    •  
      CommentAuthorSteamyTea
    • CommentTimeJan 12th 2015
     
    It is not really in the 'spirit' of things. And I think they are tightening up on these sorts of scams.
    may be worth having a chat with a VAT accountant and asking what is the best way to sort it. Separate quotes and invoices where it matters, maybe use a QS to project manage it all.

    I am sure if everyone paid the correct tax then the tax level would be lower.
    • CommentAuthorringi
    • CommentTimeJan 12th 2015
     
    Creating a company only takes 1 or 2 days and costs about Ă‚ÂŁ50. The issues is that HMRC may not like a building company that only has one client and that client being the director of the company.
    •  
      CommentAuthorfostertom
    • CommentTimeJan 12th 2015
     
    Posted By: SteamyTeaif everyone paid the correct tax then the tax level would be lower
    Is taxation not part of the market i.e. as much as the market will stand? If not part of the market, why not? How can the market function in the magical way it's supposed to, if huge chunks of 'the science of human behaviour' works by contrary rules?
   
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