Coopers Fire Ltd v Revenue & Customs [2013] UKFTT 154 (TC) (27 November 2012)

Coopers Fire Ltd v Revenue & Customs [2013] UKFTT 154 (TC) (27 November 2012)

Fire curtains are goods of a description ordinarily incorporated by builders in dwellings where fire protection barriers are required or prudent, as part of the generic class of fire barrier products; therefore, they qualify as 'building materials' for VAT zero-rating under the relevant legislation.

Citation
[2013] UKFTT 154 (TC)
Parties
Appellant: Coopers Fire Limited; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
27 November 2012
Procedural Posture
VAT Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal allowed
Legal Topics
Value Added Tax, Zero Rating, Building Materials, Construction of Dwellings

Case Brief

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Parties

Coopers Fire Limited

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

VAT Appeal / First Tier Tribunal (tax Chamber) Decision

  1. 1 Whether fire barrier retractable curtains (fire curtains) are 'building materials' for VAT zero-rating under Item 4 of Group 5 of Schedule 8 to the Value Added Tax Act 1994

Ratio Decidendi

Fire curtains are goods of a description ordinarily incorporated by builders in dwellings where fire protection barriers are required or prudent, as part of the generic class of fire barrier products; therefore, they qualify as 'building materials' for VAT zero-rating under the relevant legislation.

Court Disposition

Appeal allowed

Orders

  • The Appellant's fire curtain products qualify as 'building materials' for VAT zero-rating under Item 4 of Group 5 of Schedule 8 to the Value Added Tax Act 1994.