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
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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