Barging.co.uk

New Build Barging

Barging.co.uk


New Build Barging.co.uk

Including Replica Dutch Barges, River Barge, Broad Beam and Wide Beam narrowboat style barges 


 - VAT on New Build Barges -


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Build Barges 


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This page was written prior to the latest (2008) VAT tribunal and appeal. It would now appear that many barge builders are now supplying new build barges at zero VAT rate.

For the latest on New Build VAT see the Barging.co.uk message board forum here

Up until December 2004 many barge builders supplied barges at zero rated VAT. This was deemed possible because they came under the 'qualifying ship' category, eg. 'as a ship which is over 15 gross tons and is neither designed nor adapted for use for recreation or pleasure'. However  HM Customs issued a business brief in December 2004, clarifying the VAT liability (although the actual law did not change, just the clarification). It would now appear that the only way a new build barge could be zero rated is if it were 'deigned' for commercial use, with built in hold, however appeals have been made. For latest updates see barge  forum. The HM Customs business brief extract is copied below:-
 

EXTRACT FROM HM CUSTOMS BUSINESS BRIEF 31 DECEMBER 2004

4. VAT - CLARIFICATION OF THE VAT LIABILITY OF SHIPS SUPPLIED TO CUSTOMERS WHO INTEND TO USE THEM AS RESIDENTIAL ACCOMMODATION

This Business Brief article clarifies Customs’ policy on the application of the zero rates for ships and houseboats. Those involved in the supply, repair and maintenance of ships, and their customers, should read this Business Brief article.

Background

“Qualifying ships” - are zero-rated for VAT purposes. A “qualifying ship” is defined as a ship which is over 15 gross tons and is neither designed nor adapted for use for recreation or pleasure. Such ships usually have clear features of a commercial design, such as a hold specifically designed for carrying cargo, commercial fishing equipment or the ability to carry or entertain large numbers of paying passengers. Recreational activities could include pleasure sailing or cruising on inland waterways. A ship that is either designed or adapted with the ability to be used for private recreation or pleasure cannot be a "qualifying ship" regardless of how the purchaser intends to use it.

“Houseboats” - are covered by a separate zero rate. For VAT purposes, “houseboats” are boats designed solely as living accommodation that do not have, and cannot be fitted with, a means of propulsion. If a boat can be fitted with a means of propulsion, it is not a “houseboat”.

Customs’ policy

Following a Tribunal case, D G Everett (LON/92/1911A), Customs accepted that the terms “recreation” and “pleasure” do not include use as a home or place of permanent habitation. However, we are aware that some have incorrectly taken this to mean that all boats used or intended to be used for residential purposes can be zero-rated.

Customs maintains that use or intended use does not affect qualifying status. It is the nature of the original design and any subsequent alterations that is the key to determining the VAT liability of a ship or boat. For example, a true Dutch barge with a hold specifically designed for carrying cargo would be a qualifying ship, whilst a replica Dutch barge without such a hold and that is suitable for private cruising would not. Both could be used as residential accommodation, but this does not affect qualifying status. Only ships with qualifying status at the time of manufacture can be zero-rated, regardless of whether they are now used, or are intended to be used, as places of habitation.

Written advice from Customs

Customs are aware that, when determining the VAT liability of their supplies, some ship manufacturers have relied on advice given by Customs to their customers. In some circumstances this advice has been obtained on the basis of incomplete or inaccurate information. For example, on the strength of their intended use as residential accommodation, rather than the actual design, the customer confirms to Customs that the ship is neither designed nor adapted for use for recreation or pleasure.

It is the responsibility of the supplier to ensure that VAT is accounted for correctly on their supplies and that, when obtaining advice or written rulings from Customs, all relevant information is supplied and is materially correct. Suppliers should not rely on their customers to determine the liability of their supplies.

Past Rulings

Customs will follow its usual policy when considering supplies that have been incorrectly zero-rated. We will look critically at both our ruling and the information that was provided to us in the request. If we have misled a registered person to their detriment with the full facts before us, we will take action in line with our current misdirection policy, outlined in Notice 700/6 VAT Rulings. However, we will not be bound by rulings if the information provided was incorrect or incomplete or if the supply changed in technical detail from the one originally proposed.

Further Information

Please contact Customs’ National Advice Service on 0845 010 9000 for advice and assistance.


END OF EXTRACT

 

HM Customs and Excise Notice 744C explains the zero-ratings for ships, aircraft and associated services provided under Group 8 (Transport) of Schedule 8 (Zero Rate) to the Value Added Tax Act 1994. This notice can be found on the web at:-

http://www.hmce.gov.uk/forms/notices/744c.htm#top

Some of the salient points of the notice are printed below:-

1.1   This notice explains the zero-ratings for ships, aircraft and associated services provided under Group 8 (Transport) of Schedule 8 (Zero Rate) to the Value Added Tax Act 1994.

1.2   The guidance in this notice is not part of the law and does not override it. It reflects only the interpretation of the law and current practice by Customs and Excise.

Remember, the lists of examples are not exhaustive. If you are in any doubt about the VAT liability of your own supplies, please check with your local VAT Business Advice Centre.

2.1   Zero-rating for the supply of ships and aircraft

1. The supply, repair or maintenance of a qualifying ship or the modification or conversion of any such ship provided that when so modified or converted it will remain a qualifying ship.

2.2  "Qualifying" ships and aircraft

A "qualifying ship" is any ship of a gross tonnage of not less than 15 tons which is neither designed nor adapted for use for recreation or pleasure.

2.7  Zero-rating of ships

Item 1 of Group 8 zero-rates the supply, repair or maintenance of a qualifying ship or the modification or conversion of any such ship provided that when so modified or converted it will remain a qualifying ship.

A ship’s normal fixed and loose equipment and furnishings necessary for its operation, navigation or safety, are treated as part of the supply of a ship if they are supplied with it under the same contract. An initial normal complement of on-board spares is treated in the same way.

(See section 3) for details of supplies of ship repair, maintenance, modification or conversion).

2.8  What is a "ship" for the purposes of Group 8?

For the purpose of Group 8, "ship" includes -

Barges, Submarines; hovercraft; light vessels; fire floats; dredgers……..

For the purpose of Group 8, "ship" excludes -

Vessels which are permanently moored (e.g. as attractions) and not readily capable of navigation.

2.9  Measurement of gross tonnage

Any ship which has a gross tonnage of less than 15 tons is not a qualifying ship for the purposes of zero-rating under Group 8. The gross tonnage of a ship is as ascertained under the Merchant Shipping Acts. If the gross tonnage of a ship has not been ascertained under the Merchant Shipping Acts you should read Appendix A. Hovercraft are not subject to the gross tonnage criteria and are therefore regarded as qualifying "ships" unless they are designed or adapted for use for recreation or pleasure - see below.

2.10 Ships designed or adapted for recreation or pleasure

Item 1 also excludes from zero-rating any ship which, although 15 tons or over, is designed or adapted for use for recreation or pleasure. Therefore, private pleasure boats or yachts are not zero-rated under item 1 even if supplied for business use (for example, sail training).

4.1  Zero-rating of parts and equipment for qualifying ships and aircraft

2A the supply of parts and equipment, of a kind ordinarily installed or incorporated in, and to be installed or incorporated in, -

(a) The propulsion, navigation or communication systems; or

(b) The general structure

Of a qualifying ship or, as the case may be, aircraft.

2B The supply of life jackets, life rafts, smoke hoods and similar safety equipment for use in a qualifying ship or, as the case may be, aircraft.

4.2  What are the conditions for zero-rating?

To qualify for zero-rating, the parts and equipment must be:

(a)   of a kind ordinarily installed or incorporated in the propulsion, navigation or communications systems, or the general structure of a qualifying ship or aircraft; and

(b)   For incorporation or installation in a qualifying ship or aircraft; and

(c)   If your customer is a Government department, installed or incorporated:

In the course or furtherance of a business carried on by that department; or

In qualifying ships or aircraft used for providing rescue or assistance at sea.

4.3   Which parts and equipment qualify for zero-rating?

The following are examples of parts and equipment which may be zero-rated, provided they meet the conditions set out in paragraph 4.2 above. This list is not exhaustive but before zero-rating any other parts you are advised to consult your local VAT Business Advice Centre.

  • Anchors;
  • Catering equipment (industrial);
  • Components to be fitted inside a ship or aircraft such as:
    - electrical equipment;
    - navigation equipment;
    - video and similar entertainment;
    - equipment incorporated into airline seats;
  • Cranes;
  • Fishing nets and equipment;
  • Fixed equipment to control, operate or launch weapons;
  • Laundering equipment (industrial);
  • Lifeboats and life rafts;
  • Propellers and rudders;
  • Pumps;
  • Radar and navigation equipment;
  • Safety equipment such as:
    - escape chutes;
    - life jackets;
    - smoke hoods;
    - oxygen masks;
    - winches;
  • Nuts, bolts, hoses, oil seals and rivets (referred to as "consumables" by the aircraft industry);
  • "Expendable" parts and "rotable" components used by the aircraft industry;
  • Communications equipment used for the operation of the ship or aircraft;
  • Sanitary fixtures.

4.4   Parts and equipment excluded

Any raw or bulk materials, partly processed parts or equipment, and also non-specialist goods or appliances are excluded from zero-rating.

Examples: (This list is not exhaustive.)

  • Binoculars;
  • Catering equipment (domestic);
  • Crockery;
  • Cutlery;
  • Diving equipment;
  • Furniture (unfixed);
  • Laundering equipment (domestic);
  • Missiles, shells etc.;
  • Ship's stores;
  • Soft furnishings;
  • Telephones;
  • Televisions;
  • Tools;
  • Underwater cameras;
  • Videotapes, video games and similar entertainment equipment;
  • Crockery and cutlery;
  • Raw materials:
    - fibre board;
    - plastics;
    - specialist metals;
  • Bulk materials:
    - adhesives;
    - chemicals;
    - fabrics;
    - inhibitors;
    - metals;
    - oils;
    - paints;
    - solvents and thinners etc.;
  • Aircraft ground equipment;
  • Flight simulators or their parts;
  • Tooling and equipment used for manufacturing parts or equipment

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Created 28th October 2003     -     Last updated 25 January 2009