Sunday, 31 August 2008

So wrong!

This is a Dutch Barge converted for living on. The owner, Lt Cmdr Colin Stone, recently won a landmark decision in the courts against the HMRC and doesn't have to pay VAT on the boat. Why I ask is Milly M not subject to the same ruling. It is after all my only residence




HMRC v Lt Cmdr Colin Stone (The Kei)

HMRC has lost its appeal in the
High Court, against a Tribunal decision that a sea-going Vessel (a reproduction Dutch barge) qualified for zero-rating within the meaning of Schedule 8, Group 8, item 1 Value Added Tax Act 1994.

The appellant (Commander Stone) was applying to bring in a houseboat which was capable of self propulsion. However, he was intending to use it for a residential purpose. HMRC argued that VAT was payable but the High Court confirmed that it qualified for zero-rating.

8 comments:

Lesley and Joe K said...

Perhaps a useful precedent has been set here Maffi.
Nb Caxton

brian said...

He has a web site
http://www.luxe-motor-kei.co.uk/
but he won't get up the S Oxford

Steve said...

I think the key thing in the statement is "sea-going vessel". ie. a Cat B or C vessel. I think under the reg's it would be hard to register the everage NB as either! Nice thought though.

Paul E said...

There's no precedent here for narrowboats - unless they are built to strange dimensions. To qualify as a ship there are size rules that have to be met. I remember a long discussion on the subject on Canal World where somebody described their "qualifying" narrowboat. So no tax back Maffi!

Steven said...

Steve said...
I think the key thing in the statement is "sea-going vessel". ie. a Cat B or C vessel. I think under the reg's it would be hard to register the everage NB as either! Nice thought though.

The RCD is irrelevant in relation to a boats ability to actually go to sea it is purely a consumer protection directive.

In fact because of the word "Recreational" in RCD it would be just what HMRC would love to have you quote.

Remember the requirements are-

of a gross tonnage of not less than 15 tons; and
which is neither designed nor adapted for use for recreation or pleasure.



Paul E said...
There's no precedent here for narrowboats - unless they are built to strange dimensions. To qualify as a ship there are size rules that have to be met. I remember a long discussion on the subject on Canal World where somebody described their "qualifying" narrowboat. So no tax back Maffi!

The "size rules" were challenged at tribunal successfully last year.

http://www.financeandtaxtribunals.gov.uk/Aspx/view.aspx?id=3637

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