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

Education VAT glossary

Last reviewed 28 September 2026. Checked against HMRC guidance, legislation and the judgments linked under Sources. General information, not tax advice.

Short answer

Plain English definitions of the terms used on this site, in alphabetical order. Each links to the guide that explains it in more detail where there is one.

Alternative provider
A higher or further education provider that is not a university, a college of a university or a further education college. The colleges in the St Patrick's case were alternative providers.
Approved (fee cap)
A category of registration with the Office for Students in England. Providers in it are eligible bodies for VAT. See eligible bodies.
Box 6
The box on a VAT return for total sales excluding VAT. It sets the 1% limit for correcting errors on a return.
Capital Goods Scheme
A scheme that adjusts VAT recovered on large property and similar costs over several years if the taxable use changes. See input tax.
Goods and services supplied alongside exempt education, such as accommodation or catering, that are for the learner's direct use and necessary for the education.
De minimis
The limits under which a partly exempt business can still recover input tax linked to exempt supplies: no more than £625 a month on average and no more than half of total input tax.
Eligible body
An organisation UK law allows to supply education VAT free, such as a school, university, FE college or qualifying non-profit. See eligible bodies.
Examination services
Setting and marking exams, assessments, certification, registering candidates and similar services. See examination services.
Exempt supply
A supply on which no VAT is charged and which gives no right to recover the VAT on related costs.
Fiscal neutrality
The principle that similar supplies which compete with each other should be taxed the same way. The St Patrick's case turned on it.
Four-year limit
A claim for VAT accounted for in error must be made within four years of the end of the VAT period concerned. See reclaiming overpaid VAT.
Input tax
VAT a business pays on its own costs. It can usually be recovered if the costs are used for taxable supplies.
Net claim
A claim for VAT on fees less the input tax that would not have been recoverable if the fees had been treated as exempt.
Output tax
VAT a business charges on its sales and pays over to HMRC.
Partial exemption
The rules for businesses that make both taxable and exempt supplies, which decide how much input tax they can recover.
Protective claim
An ordinary claim made now so that older periods do not fall outside the four-year limit while the law is uncertain.
Standard-rated
A supply that carries VAT at 20%.
Typical consumer test
Judging whether two supplies are similar from the point of view of the typical customer. The Court of Appeal applied it to education in St Patrick's.
Unjust enrichment
HMRC's defence to a refund claim where the customers, not the business, bore the VAT. See unjust enrichment.
Validated degree
A degree taught by one provider and awarded by a university that checks and approves the course. Validation does not make the provider an eligible body.
Vocational training
Training, retraining and work experience for paid employment, or voluntary work in areas such as education, health and welfare. See funded vocational training.

Sources

  1. VAT Notice 701/30: GOV.UK
  2. VAT Notice 706: GOV.UK
  3. VAT Notice 700/45: GOV.UK

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