HM Revenue and Customs Brief 15/10
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Issued 29 March 2010
VAT – Changes to the treatment of certain sports related services following
the ECJ judgment in Canterbury Hockey Club (C-253/07)
Changes to the VAT exemption for sports related services are being introduced
from 1 September 2010. This will primarily affect affiliation fees charged by
sports governing bodies to member clubs but the VAT treatment of other
sports-related supplies may also be affected.
Certain services closely linked with and essential to sport or physical
education are VAT exempt when supplied by an eligible body (that is, essentially
non-profit making bodies not subject to commercial influence) to an individual
taking part in sport.
In respect of affiliation fees charged by sports governing bodies to their
member sports clubs, we have previously restricted the exemption to fees
calculated on a per person basis (provided the services were closely linked to
sport). Affiliation fees calculated by other methods, for example, on the basis
of the club size or the number of teams fielded, were standard rated for VAT.
However, the ECJ in the case of Canterbury Hockey Club and Canterbury Ladies’
Hockey Club found that the exemption applies more widely. It has ruled that in
the context of persons taking part in sport, the exemption includes services
supplied to corporate persons and to unincorporated associations, provided that
the supplies are closely linked and essential to sport, that they are supplied
by non-profit making organisations and the true beneficiaries are individuals
taking part in sport.
The ECJ ruling means that some supplies which were standard rated, for
example because they were supplied to a corporate body or unincorporated
association, may now be exempt from VAT if the services are closely linked and
essential to sport and the true beneficiaries are individuals taking part in
From 1 September 2010, eligible bodies meeting the conditions for exemption
outlined in VAT Notice 701/45 Sport must exempt supplies where the true
beneficiaries are persons taking part in sport, even if the supply is not made
direct to an individual and irrespective of how the fee is calculated. Supplies
made to commercial profit-making organisations do not meet the true beneficiary
test and will not fall within the exemption for supplies of services closely
linked and essential to sport.
Where the affiliation fee confers a number of benefits, which individually
would be liable to different VAT treatment, the advice in section 4 of Notice
701/5 March 2002 will help determine whether there is a single or multiple
supply. Where the conditions of Extra Statutory Concession 3.35 (apportionment
of membership subscriptions to certain non-profit making bodies) are met
governing bodies may continue to take advantage of the option to apportion their
affiliation fees between the rates of VAT applicable to the individual elements.
The ECJ gave some examples of services that do not fall within the exemption,
including advice about marketing and the obtaining of sponsors. These will be
liable to the standard rate of VAT when ESC 3.35 is applied unless relief is
available under another part of the VAT Act.
This policy change may also affect some other supplies closely linked and
essential to sport by eligible bodies to corporate persons and unincorporated
associations where the true beneficiary is a person taking part in sport. An
example could be the letting of sports facilities to a club for the direct use
of its members. In these circumstances, the supply is exempt if the club is
non-profit making. Otherwise it will be taxable.
Making claims or adjustments
The changes described above must be implemented from 1 September 2010 and
there is no requirement to make adjustments in respect of supplies made prior to
this date. However, any organisations wishing to implement the judgment before 1
September 2010 (and start exempting affected fees from an earlier date) are
entitled to do so.
Where a business wishes to make a claim to us (under section 80 of the VAT
Act 1994) for repayment of VAT incorrectly accounted for on sports related
services, they may do so, subject to the conditions set out in Notice 700/45 How
to correct VAT errors and make adjustments or claims.
All claims will be subject to the four-year time limit in section 80(4) of
the VAT Act 1994 and to the set-off provisions in section 81 of the VAT Act and
section 130 of the Finance Act 2008.
There may be direct tax implications where amounts of over-declared output
tax are repaid to businesses and your attention is drawn to Revenue & Customs
We may reject all or part of a claim if repayment would unjustly enrich the
More details on making claims and ‘unjust enrichment’ can be found in VAT
Notice 700/45 How to correct VAT errors and make adjustments or claims.
For further information and advice, please contact our Helpline on 0845 010
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Article Published/Sorted/Amended on Scopulus 2010-06-14 12:01:34 in Tax Articles