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HM Revenue and Customs Brief 15/16 - VAT - Insurance


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Published 28 September 2016

VAT - use and enjoyment of insurance repair services

1. Purpose of this brief

To alert those affected by a change to the place of supply of insurance repair services which is being introduced on 1 October 2016.

2. Who needs to read this

You should read this if you provide repair services to an insurer (or their agent) or an insurer (or agent) that is obliged to repair goods belonging to the insured party.

3. Background

When an insurance claim is made for damage to the insuredís goods, the insured will normally be the recipient of the services provided, as the insurance will usually provide for a cash indemnity to cover the insured loss or to replace the goods damaged.

However, some contracts specify that the goods will be repaired by the provider of the insurance. In these cases the supply of the repair service will be to the insurance provider. Currently where one of the parties is located outside the EU, where VAT is due will depend upon where the recipient of the service is located.

Some insurance firms have used this to their advantage and set up offshore entities to receive repair services free of VAT. This gave them a competitive advantage over UK based insurers.

To level the playing field, with effect from 1 October 2016, the supply of repair services carried out as the result of an insurance claim made to an insurer, or their agent, located outside the EU will be covered by a new use and enjoyment provision. This means VAT is due where the service is consumed and VAT will be due on goods repaired for people living in the UK. UK repairers will therefore have to charge VAT to insurers or their agents that are based outside the EU.

4. Where to go for more information

Guidance has been published in the VAT place of supply of services manual VATPOSS15000. The VAT Notice 741A has been amended to include the new measure.

About the Author

© Crown Copyright 2016.

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 2016-09-28 00:00:00 in Tax Articles

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