This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Was this income a business activity or a non-business activity subject to a deemed charge of standard-rated VAT?

By Andrew Needham, October 2025

Summary 

This was an appeal to the First-tier Tribunal (FTT) and by the consent of both parties was determined on the papers provided without a hearing. The appellant was a further education college and appeals assessments made by HMRC that grant income from two government funding agencies, the Education Funding Authority (EFA) and the Skills Funding Agency (SFA) was for VAT purposes, ‘consideration’ for a supply of services (education or vocational training) or a non-business activity provided free of charge by the further education college to students (the consideration point) and therefore subject to VAT at the standard rate as a deemed supply under the Lennartz principle. 

Background 

The appellant is an ‘eligible body’ for the purposes of VATA 1994, Sch 9, Group 6, Item 1. 

The appellant's courses are vocational, with the aim of providing its students

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Were the services provided within the medical exemption and was the assessment issued within time?
By Andrew Needham, August 2024
Was the supply of services to an overseas entity?
By Andrew Needham, July 2023
Was output tax due on overpayments for off-street parking?
By Andrew Needham, February 2023
Was the appellant required to register and account for VAT in the UK on mail order sales to UK customers?
By Andrew Needham, February 2021
Were Sales Made In France Or Diverted To The UK And Subject To UK VAT?
By Andrew Needham, January 2019