HM Revenue and Customs has confirmed it will appeal against a First-Tier Tribunal ruling that would cut VAT on public electric vehicle charging from 20% to 5%, in a decision that has drawn stinging criticism from charge point operators, campaigners and SME-led infrastructure businesses across the country.
The ruling, handed down last month, followed a case brought by Charge My Street, a not-for-profit charging operator, which argued successfully that electricity supplied through public chargers should fall within the reduced 5% rate applied to domestic electricity use. Judge Harriet Morgan found that applying the standard 20% rate was a “strained construction” of the VAT Act, which treats electricity as being for domestic use provided a single user does not consume more than 1,000 kilowatt hours at one premises in a given month, enough, in practical terms, to recharge a Tesla Model Y sixteen times over.
That finding, uncovered after accountancy firm Deloitte spotted the discrepancy and worked pro bono alongside Charge My Street, offered the clearest hope in years that the long-standing gulf between home and public charging costs might finally close. Three days of tribunal argument turned on the interpretation of a handful of words, notably “a month” and “premises”, before the judge came down firmly against HMRC’s position.
The Treasury, however, has no intention of conceding. In a statement on Tuesday, an HMRC spokesperson said: “We’re appealing this case, as our position is that standard rate VAT applies to electricity supplied through public EV charging infrastructure.”
For drivers, the stakes are considerable. Those fortunate enough to have a driveway pay 5% VAT when charging at home; the estimated 40% of UK households without off-street parking are stung with 20% at public chargers, four times the rate for what is, electrically speaking, identical electricity. In some cases, industry figures note, running an EV on public charging alone can cost up to ten times more per mile than charging at home, eroding the very economic case government policy relies upon to accelerate the switch from petrol and diesel.
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