Charging the right VAT on eat-in, takeaway, meal deals and service charge

Greymill AcademyUK6 min readReviewed Oct 20269 primary sourcesUS version

The short answer

Whether food is zero-rated or standard-rated turns on where it is eaten, whether it is hot and what it is, and the wording of a service charge decides whether a sixth of it is VAT.

The takeaway. Eaten on your premises or sold hot: standard rate. Cold food to take away: usually zero. A compulsory service charge carries VAT; a genuinely optional one does not.

Play the interactive lesson

Written for owners of restaurants, cafes and coffee shops, pubs and bars, takeaways and delivery kitchens, food trucks and bakeries with seating, anywhere in the UK.

The short version

  1. Charge VAT on anything eaten on your premises.Seating set aside for your customers counts as premises, terrace and shared seating included. Set the till codes to match.
  2. Know which takeaway items still carry VAT.Hot food and hot drinks to take away carry VAT. So do items like crisps, confectionery, soft drinks and alcohol, even cold.
  3. Word your service charge on purpose.A compulsory service charge carries VAT. A genuinely optional one, which customers can refuse, does not.

A cafe or takeaway can sell the same sandwich at two VAT rates in the same minute. If the till splits it wrongly, you either overpay VAT on every cold takeaway sale or undercharge it on food eaten in. The four questions below sort almost every product, and the service charge wording sorts the rest.

The rule

The basic rule

Food is zero-rated unless it is supplied in the course of catering or is an excepted item. Catering covers anything eaten on the premises where it is supplied, and hot food to take away. The standard rate is 20%. As of Oct 2026.

VAT Act 1994 Sch 8 Group 1 and its Notes; VAT Notice 709/1

Four questions for every product

  1. Will it be eaten on your premises?Premises means any area set aside for your customers to eat, even if shared: the dining room, the terrace and garden, and food court or market hall seating your customers use. A cold sandwich eaten at your table is standard-rated; taken away it is zero-rated.
  2. Is it hot?Food heated to be eaten hot and still above ambient (room) temperature when you hand it over is standard-rated, and so is food kept hot, put in heat-retaining packaging or marketed as hot. Food that is just cooling after baking, and not kept or marketed hot, stays zero-rated. Hot drinks to take away are standard-rated.
  3. Is it an excepted item?These are standard-rated even cold and taken away: confectionery (chocolate biscuits included, plain cakes excluded), crisps and salted nuts, ice cream, alcohol, soft drinks, fruit juice and bottled water.
  4. Is it sold in a bundle?A meal deal at one price that mixes zero-rated and standard-rated items is split fairly and reasonably (VAT Act 1994 s.19(4)), usually by each item's standalone price. Record the method and keep to it.
Splitting the VAT on a £6.00 meal deal
Zero-rated share: the sandwich, by standalone price£3.23
Standard-rated share: the crisps and the can£2.77
Meal deal price£6
VAT in each deal£0.46

£2.77 x 1/6Sold separately the sandwich is £3.50, the crisps £1.20 and the can £1.80, so the sandwich is £3.50 of £6.50 of standalone value. On 20,000 deals that is £9,231 of VAT, against £20,000 if every deal were treated as standard-rated. As of Oct 2026.

AvoidTreating your premises as your four walls, so cold food eaten on the terrace or at shared market hall seating goes through the till as zero-rated.
Do this insteadTreat any seating set aside for your customers as your premises, including the terrace, the garden and shared food court seating, and set the EPOS codes to match.

Premises is read widely. A cold sausage roll taken away is zero-rated, but the same roll eaten on your covered terrace is standard-rated.

The rule

Service charge and tips

A compulsory service charge is part of the price of the meal and is standard-rated, whoever ends up with it. A genuinely discretionary service charge, which the customer can refuse, and tips freely given are outside the scope of VAT.

VAT Notice 709/1

A 12.5% service charge on £800,000 of food sales
Output VAT if the charge is compulsory (1/6 of the charge)£16,666.67
What is left of the charge after VAT£83,333.33
Service charge collected in a year£100,000

If the charge is genuinely discretionary, the whole £100,000 is outside the scope of VAT. If it is compulsory, it carries £16,666.67 of output VAT, and under the total price rule it must be included in the prices on your menu, not only in a line at the foot. As of Oct 2026.

Vouchers, deposits and no-shows

  • A single-purpose voucher, where the VAT is known when you sell it (such as meals on your premises only), carries VAT when it is sold.
  • A multi-purpose voucher carries VAT only when it is redeemed, so one that is never used never bears VAT.
  • Retained deposits and no-show fees are usually standard-rated (Revenue and Customs Brief 13 (2018)). Cancellation fees under your booking terms follow Revenue and Customs Brief 2 (2022). Have your accountant check the wording on your booking terms.
The Flat Rate Scheme for a small cafe where everything is eaten in
Output VAT under normal accounting (£140,000 x 1/6)£23,333.33
Less input VAT reclaimed-£4,000
VAT paid under normal accounting£19,333.33
Saved on the Flat Rate Scheme at 12.5% for catering (£17,500 paid)£1,833.33

£19,333.33 minus £17,500You can join if you expect taxable takings, excluding VAT, of £150,000 or less over the next 12 months. The flat rate (12.5% for catering, 6.5% for pubs) applies to all VAT-inclusive takings, zero-rated sales included, so a takeaway with many cold sales usually loses on it. Ask your accountant to compare both methods before you join. As of Oct 2026.

Asked in Greymill

Example question and answer from Tax & Bookkeeping
You
We're a cafe with a covered terrace. Cold sandwiches and sausage rolls eaten out there go through the till as zero-rated, because it's outside the shop. That's about £1,200 a week. Am I right?
Tax & Bookkeeping
No. Your terrace counts as your premises, so that food is standard-rated.

Food eaten anywhere set aside for your customers to eat counts as catering. That includes the terrace, the garden and shared food court seating, not just your four walls.

VAT at 20% (As of Oct 2026): a sixth of a VAT-inclusive price
A week: £1,200 / 6 = £200
A year (52 weeks): about £10,400

Still zero-rated: the same cold sausage roll taken away. Hot takeaway food is standard-rated either way.

Fix the till today: separate EPOS (till) codes for eat-in and takeaway, with terrace sales on eat-in.

Then talk to your accountant about the sales already rung through. Say the word and I will draft your questions.

Play this demo in the Academy

Ask it about your own business

Paste this into Greymill with your own figures, and Tax & Bookkeeping works it through for your business.

Your question

I run a restaurant, cafe or bar in the UK. We sell [describe: eat-in, takeaway, hot food, cold food, drinks], have [a terrace, garden or shared seating], and add a service charge of [rate] that is [compulsory or optional]. We also sell [meal deals, vouchers] and take [deposits or no-show fees]. Check how each line should be rated for VAT, set out the EPOS VAT codes I need, and draft the questions for my accountant.

Start free trialHow it works7 days free with every specialist. No card needed.

More for restaurants, cafes and bars in the UK

Open the interactive lesson · Every restaurants, cafes and bars lesson · What Greymill knows about the trade

Sources

The primary sources behind this lesson, checked Oct 2026.

  1. VATA 1994 Sch 8 Group 1, items and excepted items, Notes 3A and 3B (VAT on food and drink: catering, takeaway and premises)
  2. VAT Notice 709/1 sections 3 and 4 (VAT on food and drink: catering, takeaway and premises)
  3. VAT Notice 733 paragraphs 3.1, 3.5, 4.4, 4.7, 11.1 to 11.2 and 12.2 (VAT on food and drink: catering, takeaway and premises)
  4. Revenue and Customs Brief 5 (2026), Children's meals (updated 27 July 2026) (VAT on food and drink: catering, takeaway and premises)
  5. Revenue and Customs Brief 13 (2018); HMRC manual VATSC05825; Revenue and Customs Brief 2 (2022) (VAT on service charges, tips, vouchers and deposits)
  6. CMA209, Presenting the total price; DMCC Act sections 225 to 230 and 237 (Winning trade: reviews, price display and platforms)
  7. Sch 20 paras 13 and 14 (Winning trade: reviews, price display and platforms)
  8. Regulation (EU) 828/2014 as retained (Winning trade: reviews, price display and platforms)
  9. Price Marking (Food and Drink Services) Order 2003 arts 3 and 4 (Winning trade: reviews, price display and platforms)

Ready to try Greymill?

Sixteen specialists who already know your trade and your country, sharing one memory of your business.

7 days free with every specialist. No card needed.

Continue with GoogleTry the demo, no sign-up