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ARTICLE · 03 JANUARY 2012

A Near Miss

Boyes Turner
Boyes Turner
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Boyes Turner

Boyes Turner

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It may have gone unnoticed by some in the construction industry, but HMRC very nearly pulled a fast one over the summer.

United KingdomTax
John Starr
John Starr

It may have gone unnoticed by some in the construction industry, but HMRC very nearly pulled a fast one over the summer. In a move described by one commentator as "a moment of madness", design and build contracts may suddenly have become a lot more expensive to run.

HMRC have adopted a strategy in recent years of "re-interpreting" tax legislation so as to maximise revenue. One of the areas recently identified as suitable for "reinterpretation" was design and build.

Historically, HMRC has accepted that professional services supplied by a building contractor along with the building works attracted the same VAT liability as the works themselves. So, for example, architects' and surveyors' services provided in connection with new build accommodation would be zero-rated. This is because those professional services, although usually standard-rated, become subsumed in a construction contract so that only the construction element actually exists as a product at the end of

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