KubitDocs · Legislation

The Value Added Tax (Section 55A) (Specified Services and Excepted Supplies) Order 2019 (SI 2019/892)

Provisions the documents cite: art 1(2) (in force 1 March 2021), art 2 (end user, intermediary supplier), arts 3–7 (construction services), art 8 (excepted supplies, including written confirmation), art 9 (mixed supplies), art 10 (s.55A(3) disapplied)

What it requires

From 1 March 2021, section 55A of the Value Added Tax Act 1994 — the customer accounts for the VAT — applies to construction services, together with goods supplied as part of a single supply of those services (arts 1(2), 3, 4). Construction services are construction, alteration, repair, extension, demolition or dismantling of buildings or structures and of works forming part of the land; installing heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection systems; internal cleaning during construction; painting or decorating; and integral, preparatory or completing services such as site clearance, earth-moving, excavation, foundations, scaffolding, site restoration, landscaping and access works (art 5). They do not include, on their own, drilling for oil or gas, mineral extraction, manufacture or delivery to site of components, materials or plant, the professional work of architects, surveyors and consultants, artistic works, signwriting and signboards, installing seating, blinds and shutters, or installing security systems — but those are construction services where part of a single supply with art 5 services (arts 6–7). Excepted supplies, to which the reverse charge does not apply, are supplies not required to be included in a Construction Industry Scheme return, and supplies to an end user (a VAT-registered recipient using the services other than to make further supplies of them) or to an intermediary supplier connected with the end user or sharing a relevant interest in the land (art 8(1)); a supply is excepted on the end user or intermediary ground only if the recipient has confirmed that status to the supplier in writing no later than the supply, or in a written agreement (art 8(1A)). A mixed supply is excepted only if every element would be (art 9). s.55A(3) (treating the supplies as the recipient's for registration purposes) does not apply to these services (art 10). The explanatory note still refers to 1 October 2019; the commencement date was moved by S.I. 2019/1240 and S.I. 2020/578.

The instrument itself: https://www.legislation.gov.uk/uksi/2019/892. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

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The 1 document that cite it

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