Branded sweets and chocolate are standard-rated (20% VAT) in the UK under HMRC VAT Notice 701/14, paragraph 3.6.
PRIVATE & CONFIDENTIAL
Sweets are twenty per cent.Cakes aren't.I don't make the rules.I merely enforce them.
Branded sweets and chocolate
20% VAT
Sweets and chocolate count as confectionery, which is standard-rated. (Cakes and most biscuits are 0%, but biscuits coated or part-coated in chocolate are 20%.)
HMRC VAT Notice 701/14, paragraph 3.6
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This sits in the food notice rather than the print one, and it is here because branded sweets turn up on print orders. Standard-rated confectionery includes chocolates, sweets and candies, chocolate biscuits, and any other items of sweetened prepared food normally eaten with the fingers, which takes in lollipops, mints, gums, marshmallow and sweetened popcorn. Cakes are zero-rated, and so are plain biscuits, but a biscuit coated or part-coated in chocolate is standard-rated. The printing on the wrapper has no bearing on any of it: what is being supplied is food, and the food rules decide the rate.
What decides it?
What is inside the wrapper. Sweets and chocolate are 20%, cakes and plain biscuits are 0%.