Author: Glenn

Navigating VAT in the construction industry can feel like untangling scaffolding. Enter the VAT reverse charge—special rules that mean sub-contractors no longer charge VAT on services but contractors handle the tax instead. Here's how it works and who it affects.

There are special VAT reverse charge rules that can apply to certain construction businesses. When these rules apply, the supply of most construction services between construction or building businesses is subject to the domestic reverse charge. The reverse charge only applies to supplies of specified construction services to other businesses in the construction sector.

The charge applies to standard and reduced rate VAT services:

• for businesses who are registered for VAT in the UK; and that are
• reported within the Construction Industry Scheme.

This means that where the rules apply, sub-contractors no longer add VAT to their supplies to most building customers, instead, contractors are obliged to pay the deemed output VAT on behalf of their registered sub-contractor suppliers. However, the deemed output tax is also available as a deduction from VAT paid if it qualifies as input VAT according to the usual rules. In which case there is no cash flow penalty for contractors. 

The VAT domestic reverse charge applies to the following services:

• constructing, altering, repairing, extending, demolishing or dismantling buildings or structures (whether permanent or not), including offshore installation services;
• constructing, altering, repairing, extending, demolishing of any works forming, or planned to form, part of the land, including (in particular) walls, roadworks, power lines, electronic communications equipment, aircraft runways, railways, inland waterways, docks and harbours, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;
• installing heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection systems in any building or structure;
• internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;
• painting or decorating the inside or the external surfaces of any building or structure; and
• services which form an integral part of or are part of the preparation or completion of the services, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works.

Intellectual property (IP) refers to creations of the mind, such as inventions, literary works, designs, brand names, and artistic outputs. Whether you are a business owner, inventor, writer, or entrepreneur, protecting your intellectual property is essential for several compelling reasons.

Encourages Innovation and Creativity
Protecting IP incentivises individuals and businesses to invest in creating something new. Without IP protection, others could freely copy or reproduce a creator's hard work without consent, undermining the effort and resources invested. By offering legal rights such as patents, trademarks, and copyrights, innovators can enjoy a competitive edge, encouraging further investment in research and development.

Safeguards Revenue Streams
IP often becomes a valuable asset that can generate income. Businesses can licence their IP to others, sell their rights, or directly benefit from exclusive use. For example, an author can earn royalties from book sales, while a tech company can monetise patents for its software. Without protection, competitors could undercut pricing by copying the product, stripping away potential revenue.

Builds Brand Identity and Consumer Trust
Trademarks, logos, and brand names play a huge role in distinguishing businesses from one another. When customers see a trusted brand's logo, they associate it with quality and reliability. Protecting trademarks ensures no one else can use similar branding to mislead customers. Without this protection, businesses risk losing their reputation and consumer trust.

Provides Legal Recourse
Registering your IP grants you legal rights to act against anyone using your work without permission. Whether it’s unauthorised copying of a design or misuse of a trademark, IP protection allows you to seek remedies, such as damages or an injunction to stop further infringement.

Adds Business Value
IP contributes to the overall value of a business, often representing a significant share of its assets. Strong IP rights can make a business more attractive to investors or buyers because they provide a competitive advantage and predictable revenue. Startups, for example, frequently leverage IP as a selling point when securing funding.

Promotes Economic Growth
On a larger scale, protecting IP fuels economic growth by encouraging innovation and job creation. Industries such as technology, pharmaceuticals, and entertainment rely heavily on IP rights to thrive. By protecting ideas, society benefits from a continuous flow of new inventions, products, and creative works.

In summary, protecting intellectual property is vital for fostering innovation, safeguarding financial interests, and building strong businesses. It provides creators with the recognition, reward, and rights they deserve, benefiting both individuals and the wider economy.

The UK government has announced significant reforms to enhance compensation for customers affected by water service failures. Under new regulations, water companies will be mandated to increase compensation payments for issues such as supply interruptions, sewer flooding, and low water pressure.

These changes mark the first substantial update to compensation rates since 2000. For instance, compensation for internal sewer flooding will rise from £1,000 to £2,000 or more, and payments for low water pressure will increase from £25 to £250. Additionally, compensation will now be compulsory for incidents like boil water notices and missed meter services, which previously did not warrant mandatory payments.

Environment Secretary Steve Reed emphasized that these measures aim to hold water companies accountable and ensure that customers receive fair compensation when services fall short. He stated, "We are clear that the public deserve better compensation when things go wrong, so I'm taking action to make sure that happens."

Consumer advocacy groups have welcomed the reforms. Mike Keil, Chief Executive of the Consumer Council for Water (CCW), noted that the increased payment levels and expanded scope for compensation would incentivize water companies to improve their services. He remarked, "The overhaul of these standards marks a step forward in improving consumer protection and repairing fractured trust in the water sector."

These reforms are part of a broader government initiative to overhaul the water sector, which includes stronger regulations and potential criminal liability for water company executives. The legislation is expected to come into force next year, following a public consultation that showed overwhelming support for the changes.

In addition to the increased compensation, water companies have recently been fined £157.6 million for failing to meet pollution targets, reflecting the government's commitment to enforcing higher standards in the industry.

Overall, these measures represent a significant step towards improving accountability and service quality within the UK's water sector, ensuring that customers are better compensated when things go wrong.

A restaurant in Middlesborough recently challenged a civil penalty notice of £15,000 issued by the Secretary of State for the Home Department under Section 15 of the Immigration Asylum and Nationality Act 2006 (IANA 2006) arguing that their employee was lawfully present in the UK and that they were not given the opportunity to mitigate the penalty.

However, the Court emphasised that the 2006 Act's purpose was to discourage illegal employment and that employers are responsible for conducting any necessary checks on employees' right to work, according to Section 15(3).

This judgement highlights the importance of employers carrying out right-to-work checks to avoid finding themselves in a similar situation. Ensure your employees have the right to work by using an identity service provider offering Identity Document Validation Technology (IDVT).

Selling online? From 2024, digital platforms must report your information to HMRC if sales exceed £1,700 or 30 goods a year. Casual sellers are exempt, but regular traders may need to register for Self-Assessment.

New rules, which became effective from 1 January 2024, require digital platform operators in the UK to collect and verify information about sellers on their platforms. The first reports due under these new rules must be submitted by 31 January 2025. HMRC has released a press release to make it clear that the tax rules for sellers have not changed despite rumours to the contrary.

These new rules mean that if you are using online platforms to sell goods or services, any pertinent information collected about you between 1 January 2024 to 31 December 2024 will be reported to HMRC by 31 January 2025. The information will only be shared with HMRC if you sell 30 or more goods or earn approximately £1,700 (equivalent to €2,000) or more in a calendar year. The online sellers are also required to give you a copy of the reported information. This can help if you have to make tax returns.

HMRC’s Second Permanent Secretary and Deputy Chief Executive Officer, said:

We cannot be clearer – if you are not trading and just occasionally sell unwanted items online – there is no tax due. As has always been the case, some people who are trading through websites or selling services online may need to be paying tax and registering for self-assessment.

You may need to register for self-assessment and pay tax if you:

• buy goods for resale or make goods with the intention of selling them for a profit;
• offer a service through a digital platform – such as being a delivery driver or letting out a holiday home through a website;
• AND generate a total income from trading or providing services online of more than £1,000 before deducting expenses in any tax year.