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HM Revenue and Customs Brief 03/14

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Issued 31 January 2014

Purpose

This brief has been produced in order to clarify the definition of the term 'student', which is significant when considering the VAT liability of construction works to buildings which are 'used for a relevant residential purpose'.

Who should read this?

The brief should be read by providers of residential accommodation to school pupils and students.

Background

VAT relief is available for construction services in relation to particular new buildings, including those which are used for a relevant residential purpose, which includes student accommodation. Previous versions of the definition of the term 'student' have been misinterpreted in a small number of cases. This revised guidance to replace VCONST15360 attempts to clearly set out HMRC's policy:

Revised Guidance


VCONST15360 - 'Relevant residential purpose' - interpretation of terms: Note (4)(d) to Group 5 of Schedule 8 VATA - residential accommodation for students or school pupils: what is a 'student'?

Note (4)(d) includes, as a category of relevant residential purpose building, ''residential accommodation for students or school pupils'. Whereas the term 'school pupil' is one that is reasonably clear and uncontroversial, the term 'student' is less so and requires further clarification to assist in the determination of whether a building is intended for use for a relevant residential purpose for the purpose of obtaining VAT relief. For the avoidance of any doubt, VAT relief on the construction of residential accommodation for school pupils who are boarders will be subject to the same rules that apply to residential accommodation constructed for students.

The term 'student' in this context refers to a person undertaking a course of educational study or instruction. It covers any person who is receiving education or vocational training from a university (or a centrally funded higher education institution or a further education institution) or from any other supplier who is providing similar, or the same type of, education or vocational training to a similar, or the same, academic standard.

Examples include (but are not necessarily limited to) individuals who have left school and are undertaking higher or further education or training with a view to:

  1. obtaining a generally recognised academic or professional qualification
  2. maintaining an existing professional qualification for which accreditation is received
  3. undertaking a course of study which, whilst not leading to a recognised qualification, has a high level of academic content and is intended to improve the knowledge and understanding of the student in an area of academic interest

The maintenance of existing professional qualifications would include Continuing Professional Development (CPD) applicable in cases where either:

  • a professional body requires from its members the continuing recognition of a qualification
  • an employer requires employees to maintain or improve relevant technical skills

Whilst it should be clear when an activity falls within the scope of one of the first two categories (as numbered above) it may be less clear when an activity falls within the scope of the third category. The following are examples which are intended to illustrate the kind of educational activity which is included:

  • summer schools in which international students and others have the opportunity to undertake a programme of study comparable with the work done by full time students
  • residential events the purpose of which is to show aspiring university applicants what it is like to study at university - whilst the academic content is high and the participants are school pupils, the purpose of their attendance is not either part of their A-level curriculum nor is it part of a programme which leads to a qualification
  • English as a Foreign Language (EFL) courses (see paragraph 9.1 of Notice 701/30)
  • academic conferences which offer development and ongoing learning to the academic staff of universities and colleges to ensure that academics are able to share ideas, learn from each other and embed the latest thinking into their own research and teaching

People who attend classes, often badged as 'summer schools', which may offer a life-enhancing experience and promote greater cultural or spiritual awareness but the subject matter of which falls into the category of hobbies or leisure interests (for example pottery workshops, art or literature appreciation courses etc.) as opposed to receiving educational or vocational training to an academic standard, will not qualify as 'students'.

Whilst persons engaging in theological studies in order to become a minister of faith (such as a priest, rabbi or imam) will qualify as 'students', those attending seminaries or religious retreats which do not serve this purpose but are intended primarily to foster or reinforce faith, are not considered to be receiving educational or vocational training to an academic standard and will not qualify as 'students'.

Further information

For further information please contact the VAT Helpline on telephone: 0300 200 3700.

The Helpline is available from 8.00 am to 6.00 pm, Monday to Friday.

If you have hearing difficulties, please ring the Textphone service on telephone: 0300 200 3719.


About the Author

Crown Copyright 2014.

A licence is needed to reproduce this article and has been republished for educational / informational purposes only. Article reproduced by permission of HM Revenue & Customs.



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Article Published/Sorted/Amended on Scopulus 2014-02-03 12:33:03 in Tax Articles

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