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Thanks to Colin Stone it seems pretty much certain that livaboard dutch barges over 15 tons TM will be zero rated! Also that recently built barges that have had VAT paid on them can have this payment returned!
Colin Stone last year won a VAT Tribunal against the VAT regarding the charging of VAT on his barge. This was not conclusive but now it does indeed seem to be. Colin has just won the Appeal brought by HMRC!
www.bailii.org/ew/cases/EWHC/Ch/2008/1249.html
In contacting HMRC at Bristol the advice given was as long as the barge meets the criterea of over 15 tons TM and non-pleasure/recreational use, then they would be zero rated. This would also be retrospective.
Would advise still to contact HMRC and get it in writing but on the face of it, things are looking up!
Colin Stone
Jun 11, 2008 - 8:20PM
Re: VAT ON BARGES. Looks like good news
Nick, Thanks. We do not yet know if HMRC will appeal to the Court of Appeal, so I am surprised HMRC Bristol are offering such advice already. A letter from "Red" Dawn Primarolo in 2005, then in the Paymaster General, indicated that advice from local VAT offices was not necessarily correct!! I would write to Written Enquiries, Newcastle and set out the case to them. And then ask for a written ruling in accordance with VAT Notice 700/6. Anything else from anyone else is not worth the paper it is written on.
Gary
Jun 12, 2008 - 12:16PM
Re: VAT ON BARGES. Looks like good news
I think you need to be careful here.
I have started getting the "In light of the recent court ruling you know you don't have to charge VAT anymore." emails and phone calls again. (Two today!)
Now after nearly five years and a lot of grief until such time that HMRC issues direct notice of any policy change we will not be building anything zero rated.
Some builders might see this to be the green light but I think they might end up regretting the decision.
The best way forward I would suggest is to wait and see how HMRC now proceed.
Kath Bailey
Jun 19, 2008 - 3:05PM
Re: VAT ON BARGES. Looks like good news
This one is a bit like all of the stories we get about the french authorities. Can I ask has anyone got thier money back yet?
Barge Name (optional) LAURA
Mike
Jun 30, 2008 - 8:20PM
Re: VAT ON BARGES. Looks like good news
Exactly! Show me the money!
However, if it does come to pass would the VAT I paid be refundable on a 2005 widebeam narrowboat style barge? (30 tonnes when bought as a partly fitted sailaway).
Barge Name (optional) Black Rose
Gary
Jul 14, 2008 - 4:05PM
Re: VAT ON BARGES. Looks like good news
Re: VAT ON BARGES. Looks like good news
Exactly! Show me the money!
However, if it does come to pass would the VAT I paid be refundable on a 2005 widebeam narrowboat style barge? (30 tonnes when bought as a partly fitted sailaway).
In theory yes.
In practice it might be quite involved but nothing stops you starting to try and now.
Nick Branson
Sep 8, 2008 - 12:33PM
Re: VAT ON BARGES. Looks like good news
Have recieved confirmation that at least one builder I supply has recieved the VAT payments back from HMRC.
Also BMF ( British Marine Federation) has sent out info to its members regarding the situation.
Well worth contacting VAT in order to make a claim!
Colin Stone
Sep 9, 2008 - 3:30AM
Re: VAT ON BARGES. Looks like good news
Nick,
That is good news. No doubt some happy customers in due course.
Bill
Nov 7, 2008 - 4:34PM
Re: VAT ON BARGES. Looks like good news
Mike,
30 tonnes sounds like the displacement, you would need to do the qualifying ship tonnage calculations to see if you are over 15 tons. Then you would need to prove that your vessel is for residential use only. Less beds, more storage, year round heating etc. Then if all goes well you may well be able to claim the vat back/
Bill,
Got one of Nick's Katherine 55s,and very nice it is too.
Barge Name (optional) Tracey Ann
Bill
Nov 7, 2008 - 5:00PM
Re: VAT ON BARGES. Looks like good news
Mike,
I think I have just read your build on the main site. Well done, I started mine in 2003 and am just doing the finishing stuff.
I did notice on the Barge Association site that there were some narrowboats that were measured at over 15t because they were allowed to be measured to the cabin top rather than the deck, thus you would definitely be over 15t being widebeam and have a documented history of residential use.
Barge Name (optional) Tracey Ann
Kim
Nov 28, 2008 - 2:37PM
Re: VAT ON BARGES. Looks like good news
I have contacted the vat man for a refund of vat on a new build Dutch Barge sailaway from a reputable company that we are fitting out to live on. They wrote to me and said that they were not in the habbit of paying refund vat to individuals and that I must get my builder to apply on my behalf. That may be the case I don't know but what about all the vat on materials that I have purchased as an individual during the fit out. Is there any more experianced people out there with good info as to how one may get this vat back or indeed have you been succesful
Lee Thomas
Nov 16, 2009 - 8:43PM
Re: VAT ON BARGES. Looks like good news
Hello did you get any where with the VAT refund onthe material and the main boat?
Thanks Lee
Barge Name (optional) Christonia
Bill Bosun
Feb 9, 2010 - 6:32PM
Re: VAT ON BARGES. Looks like good news
Intresting topic this I have found really usefull information about this on www.yourboatlife.com well worth a look.
Edward
Apr 20, 2010 - 3:13PM
Re: VAT ON BARGES. Looks like good news
Visited the mentioned site but found nothing at all on the subject being discussed. Could Bill bosun direct me to the appropriate page? I