…or purgatory if you are an optimist. In our last update (here) we mentioned that:

  • HMRC were reconsidering whether guidance under RCB12/20 would apply to bring dilapidations payments into the scope of VAT;
  • RCB12/20 – which brings various contractual compensation payments into VAT – would not have retrospective effect but would apply from some future date; and
  • HMRC were targeting 1 March for RCB12/20 to take effect.

1 March has passed without comment from HMRC, and no further updates to RCB12/20 have been announced. Therefore – for now - the VAT treatment of contractual compensation payments remains unchanged and genuine dilapidations remain – for the time being – outside of VAT.

We will provide further updates when they become available.

Contributors

Isobel d'Inverno

Director of Corporate Tax

Matt Farrell

Partner