The Court of Appeal ruled for private colleges on 6 July 2026. HMRC has permission to appeal to the Supreme Court. Latest position

Education Exemption - College VAT Reclaims

Reference

Frequently asked questions

Short answers to the questions independent colleges, training providers, tutors and language schools ask most. Each links to a fuller guide with sources.

The ruling

Has HMRC accepted that private colleges are VAT exempt?

No. HMRC's Brief 9 (2026) lets alternative providers who believe they are in the same position as St Patrick's International College submit claims, but HMRC's policy is unchanged and it has permission to appeal to the Supreme Court. See HMRC Brief 9 (2026).

When did the Court of Appeal decide St Patrick's International College v HMRC?

On 6 July 2026, in St Patrick's International College Ltd & Ors v HMRC [2026] EWCA Civ 852. See the case explained.

What happens if HMRC wins in the Supreme Court?

Providers would be back to standard-rating, claims would be expected to fail, and HMRC could try to recover money it had already repaid. See the Supreme Court appeal.

Does the ruling cover VAT periods after 2023?

The case was about 2012 to 2017 and HMRC has not said. Since 1 January 2024 UK VAT law can no longer be disapplied for conflicting with EU law, so claims for later periods carry extra legal risk.

Who qualifies

Is education exempt from VAT?

Only in certain cases: when an eligible body supplies it, for private tuition by a sole trader or partner, for some examination services, and for funded vocational training. See is education exempt from VAT.

Does this apply to private school fees?

No. Private school fees and boarding have been standard-rated since 1 January 2025 under separate legislation. The St Patrick's ruling concerns providers of higher and further education.

We are a training company. Should we charge VAT?

Usually yes, unless the training is funded, is English as a foreign language, or you meet the non-profit eligible body test. If your customers are VAT-registered employers, exemption would not help them. See training companies.

Can a limited company supply VAT-exempt education?

Yes in some cases: a not-for-profit company that meets the eligible body test, a commercial English language school for its EFL tuition, a company supplying funded vocational training or qualifying examination services, and possibly a private college under the St Patrick's ruling. Private tuition exemption does not apply to companies.

Are online courses VAT exempt?

The same rules apply whether a course is delivered online or in person. What matters is who supplies it, what it is, who it is for and how it is paid for.

Are apprenticeships VAT exempt?

Training funded through an apprenticeship service account is exempt to the extent it is funded, as HMRC has accepted since 1 May 2017. See funded vocational training.

Does accreditation make a course VAT exempt?

Not on its own. Accreditation or validation does not make a provider an eligible body. It can help show that a course is comparable to one supplied by an eligible body, which matters for the St Patrick's route.

Claiming

How far back can we claim?

Four years from the end of each VAT period. The oldest period drops out every month or quarter. See reclaiming overpaid VAT.

Will we get all the VAT back?

No. You can only claim the net amount after the input tax you recovered on related costs, and HMRC can refuse if your customers bore the VAT. See input tax and unjust enrichment.

Our students paid the VAT. Can HMRC refuse a refund?

It can try, but it has to prove your students bore the cost, and HMRC's own guidance starts from the assumption that a supplier absorbs VAT to stay competitive. See unjust enrichment.

Should we stop charging VAT now?

HMRC's policy is still that these supplies are standard-rated. The cautious course while the appeal is pending is to keep accounting for VAT as now and claim for past periods. Take advice before changing how you invoice.

Do we have to repay our students?

Only if you use HMRC's reimbursement scheme to answer an unjust enrichment objection. Then you must pass the money on within 90 days and return anything you cannot pay out.

Will HMRC pay interest?

Do not count on it. Brief 9 (2026) does not mention interest, and HMRC's guidance says it does not pay interest where VAT was paid in error.

Using this service

What does a consultation cost?

Nothing. The consultation is 100% free and there is no obligation. If a claim is worth pursuing, you will be told the fee basis in writing before any work starts. See how a review works.

Who does the work?

Education Exemption is run by SGS Ltd, a tax consultancy, working with qualified VAT advisers. See about us.

We already have an accountant. Can they be involved?

Yes. We are happy to work alongside your accountant, and accountants can refer clients to us. See for advisers.

Is our information kept confidential?

Yes. We use it to review your position and share it only with the adviser working on your review. See our privacy notice.

Find out if you have overpaid

Register your interest or take the two-minute check. Either way you get a 100% free consultation with a qualified VAT adviser, with no obligation.