Default Surcharge – Whether reasonable excuse – On the facts – No
Citations:
[2005] UKVAT V19368
Links:
Jurisdiction:
England and Wales
VAT
Updated: 18 July 2022; Ref: scu.238082
Default Surcharge – Whether reasonable excuse – On the facts – No
[2005] UKVAT V19368
England and Wales
Updated: 18 July 2022; Ref: scu.238082
reasonable excuse appeal
[2005] UKVAT V19288
England and Wales
See Also – Neil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.238017
Reasonable excuse appeal
[2005] UKVAT V19309
England and Wales
Updated: 18 July 2022; Ref: scu.238004
DEREGISTRATION – Appellant’s application for – whether Respondents acted reasonably – initially no but on review yes – appeal against amended decision dismissed
[2005] UKVAT V19297
England and Wales
Updated: 18 July 2022; Ref: scu.238002
VAT ASSESSMENT – grocery and frozen food outlets – Customs inspection of records including those of supplier – methodology – amount of tax – best judgment – appeal dismissed
[2005] UKVAT V19088
England and Wales
Updated: 18 July 2022; Ref: scu.228546
VALUE ADDED TAX – input tax – ‘carousel fraud’ – whether established on facts – decision without reasons by consent of parties
[2005] UKVAT V19059
England and Wales
Updated: 18 July 2022; Ref: scu.228542
Appeal against a Default Surcharge
[2005] UKVAT V19120
England and Wales
Updated: 18 July 2022; Ref: scu.229571
CIVIL EVASION PENALTY – acceptance of centrally issued assessments in three periods and failure to render returns in two further periods – dishonesty admitted – penalty apportioned to directors – amount of mitigation in issue – mitigation discount increased – appeal allowed
[2005] UKVAT V19065
England and Wales
Updated: 18 July 2022; Ref: scu.228547
Value added tax – zero-rating – charities, etc – whether goods used in laboratories were ‘laboratory equipment’ – yes
[2005] UKVAT V19095
England and Wales
Updated: 18 July 2022; Ref: scu.228556
VALUE ADDED TAX – hairdressing salon – agreements to licence a fixed space and to provide services – whether separate exempt supply of licence to occupy land and of standard-rated services – no – single supply of a package – whether licence or services dominant – services – entire package standard-rated – misdirection – extent of tribunal’s jurisdiction – value of misdirection – no relief available even if within tribunal’s jurisdiction to grant it – appeal dismissed
[2005] UKVAT V19087
England and Wales
Updated: 18 July 2022; Ref: scu.228551
Reasonable excuse appeal
[2005] UKVAT V19092
England and Wales
Updated: 18 July 2022; Ref: scu.228554
CAROUSEL FRAUD – whether proved on the facts in relation to three deals – no – appeal allowed
[2005] UKVAT V19185
England and Wales
Updated: 18 July 2022; Ref: scu.229609
Reasonable excuse appeal
[2005] UKVAT V19062
England and Wales
Updated: 18 July 2022; Ref: scu.228543
INPUT TAX – Claim for recovery more than 3 years after overpayment – Officer of HM Customs and Excise who inspected first return failed to notice error – Appeal on basis duty of care owed to Appellant – Appeal dismissed
[2005] UKVAT V19058
England and Wales
Updated: 18 July 2022; Ref: scu.225166
DEFAULT SURCHARGE – no-one appearing – unofficial payment by instalments of outstanding VAT – payments late – appeal dismissed
[2005] UKVAT V19042
England and Wales
Updated: 18 July 2022; Ref: scu.225158
Value added tax – default surcharge – whether reasonable excuse – reasonable excuse shown for part of period
[2005] UKVAT V19006
England and Wales
Updated: 18 July 2022; Ref: scu.225165
VAT ASSESSMENT – whether to best judgment
[2005] UKVAT V19043
England and Wales
Updated: 18 July 2022; Ref: scu.225162
REGISTRATION – Compulsory registration of Second Appellant – Whether payment by First Appellant to Second Appellant of monies to purchase food taxable in Lands Second Appellant
ASSESSMENT – Whether to best judgment when officer misunderstood origins of First Appellant and nature management charge
AGGREGATION – Whether First and Second Appellants should be aggregated – Consideration of financial and economic links – Appeal dismissed
[2005] UKVAT V19057
England and Wales
Updated: 18 July 2022; Ref: scu.228532
ASSESSMENT – zero rating claimed for children’s clothing – lack of records in verification – did the Commissioners act in bad faith – no – should assessment be upheld – yes – appeal dismissed
[2005] UKVAT V19031
England and Wales
Updated: 18 July 2022; Ref: scu.225157
Reasonable excuse appeal
[2005] UKVAT V19071
England and Wales
Updated: 18 July 2022; Ref: scu.228524
Value added tax – zero-rating – construction of building – church and church hall – reconstruction of church hall and addition of other space – whether enlargement or extension to existing buildings – yes – whether annexe – no.
[2005] UKVAT V19061
England and Wales
Updated: 18 July 2022; Ref: scu.228531
Value Added Tax – Zero rating in respect of buildings constructed for a relevant residential purpose – Facilities Building built together with Student Halls of Residence – Facilities including a common room, shop and bar – whether invoices for construction of whole building or parts thereof qualifying for zero-rating – VATA 1994, Schedule 8, Group 5, and Note 10 thereto – Appeal partially successful.
[2005] UKVAT V19054
England and Wales
Updated: 18 July 2022; Ref: scu.225171
Reasonable excuse appeal
[2005] UKVAT V19072
England and Wales
Updated: 18 July 2022; Ref: scu.228534
DEFAULT SURCHARGE – cheque for first payment of VAT for pounds 4,341.31 not received – fire at sorting office – no – second cheque received late – no reasonable excuse – appeal dismissed
[2005] UKVAT V19021
England and Wales
Updated: 18 July 2022; Ref: scu.225164
Supply of goods or services – Supply – University Staff made available to hospital trusts so that consultant services be provided – whether exempt or standard rated supply.
Apportionment between business and non-business supplies – whether fair or reasonable.
[2005] UKVAT V19052
England and Wales
Updated: 18 July 2022; Ref: scu.225163
VAT – group of companies – mistaken assumptions that two companies were part of existing group registration – transactions undertaken by VAT group members with those companies – assessments made in respect of supplies – applications made for retrospective group registration of those companies – applications refused – whether Tribunal has jurisdiction to consider such appeals – yes – nature of jurisdiction as in John Dee – different jurisdiction where outright refusal of application explicitly on grounds of protection of revenue – nature of HMRC’s powers under s 43B(4) VATA 1994 – factors to be taken into account in considering ‘retrospective’ applications – discretion open, and not to be constrained by HMRC’s published guidance – held, as HMRC had not acted within terms of s 43B(4), applications must be remitted to them for reconsideration
Option to tax – whether exercised – on facts, yes – application for belated notification refused – not established that HMRC could not reasonably have been satisfied that there were grounds for refusal
Misdeclaration penalty – held, to be confirmed in amount assessed, subject to result of reconsidered group registration application
Procedure – outcome of appeals dependent on result of relevant group registration application – time limit for further appeals adjusted
Clark J
[2013] UKFTT 190 (TC)
England and Wales
Updated: 18 July 2022; Ref: scu.472396
[2009] EWHC 1150 (Ch), [2009] BVC 580, [2009] Lloyd’s Rep FC 403, [2009] STC 2239, [2009] STI 1792
England and Wales
See Also – Blue Sphere Global Ltd v Revenue and Customs VDT 29-May-2008
VDT PRACTICE – MTIC appeal – Application to amend Statement of Case to allege fraud – Earlier direction for any allegation of fraud to be made within specified time – No allegation then made – Appeal listed for 5 . .
Appeal from – Blue Sphere Global Ltd v Revenue and Customs VDT 17-Dec-2008
VDT VAT – Input tax – MTIC fraud – whether tax loss – yes – attributable to fraudulent evasion of VAT – yes – contra-trading – whether Appellant’s purchases connected – yes – whether Appellant should have known . .
Appeal from – Mobilx Ltd and Others v HM Revenue and Customs; Blue Sphere Global Ltd v Same and similar CA 12-May-2010
Each company sought repayment of input VAT. HMRC refused, saying that the transactions were the end-product of a fraud on it, and that even if the taxpayer did not know that a fraud was involved, it should have been aware that one was and acted . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.346314
Appeal against decisions by HMRC to refuse repayment of input tax in respect of claims made for that purpose – allegation of knowledge of fraudulent element elsewhere in supply chain.
Floyd J
[2009] EWHC 1081 (Ch), [2009] STI 1798, [2009] STC 2164, [2009] Lloyd’s Rep FC 417, [2009] BVC 555
England and Wales
See Also – Calltel Telecom Ltd and Another v Revenue and Customs ChD 6-Jun-2008
. .
Appeal From – Mobilx Ltd and Others v HM Revenue and Customs; Blue Sphere Global Ltd v Same and similar CA 12-May-2010
Each company sought repayment of input VAT. HMRC refused, saying that the transactions were the end-product of a fraud on it, and that even if the taxpayer did not know that a fraud was involved, it should have been aware that one was and acted . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.346240
VALUE ADDED TAX – Company providing investment management and advice – taxable and exempt supplies – deduction of residual input tax – whether Standard Method and/or proposed Special Method ‘fair and reasonable’ – VATA Section 26 – Regulations 101 and 102 of VAT Regulations 1995 – Appeal Refused.
[2008] UKVAT V20780
England and Wales
Updated: 18 July 2022; Ref: scu.301765
VDT VAT Default Surcharge – Reasonable excuse – Taxpayer’s accountant submitting return electronically – Received by HMRC at 1.42am on the day after due date – Direct debit to Appellant’s account effected three days later – Whether evidence to support earlier submission or reasonable excuse – Held – No.
[2008] UKVAT V20713
England and Wales
Updated: 18 July 2022; Ref: scu.272959
[2004] UKVAT-Excise E00798
England and Wales
Updated: 18 July 2022; Ref: scu.271877
Cust CUSTOMS DUTIES – importations of motor cars from Japan to United Kingdom – sale by Japanese manufacturer to associated intermediary company – onward sale by intermediary to distribution company in each Member State – sale by distribution company to retail customer before entry of car into Community territory – car entered, or purportedly entered, by retail customer – whether value for customs duty purposes to be fixed by reference to first transaction value – Customs Code art 29, Implementing Regulations, art 147
VALUE ADDED TAX – value of importation fixed by reference to value for customs duty purposes – Sixth Directive art 11B(1) – whether scheme for effecting sale to final consumer before importation designed to reduce incidence of VAT abusive – yes – execution of scheme also failed on facts – appeal dismissed in substance
[2007] UKVAT-Customs C00236
Updated: 18 July 2022; Ref: scu.271422
Reasonable excuse appeal
[2006] UKVAT V19598
England and Wales
Updated: 17 July 2022; Ref: scu.242783
VALUE ADDED TAX – compulsory registration – whether the business carried on by the Appellant was previously carried on by a taxable person and transferred to the Appellant as a going concern and whether the turnover of the transfer exceeded the registration limit – no – appeal allowed – VATA 1994 s49.
[2006] UKVAT V19604
England and Wales
Updated: 17 July 2022; Ref: scu.242765
VALUE ADDED TAX – Provision of MRI data – Exempt as medical care Article 13A(1) and (2) or standard-rated – held standard-rated
[2006] UKVAT V19593
England and Wales
Updated: 17 July 2022; Ref: scu.242782
VALUE ADDED TAX – Notice requiring security for payment of VAT challenged – heard in Appellant’s absence – Appeal dismissed
[2006] UKVAT V19588
England and Wales
Updated: 17 July 2022; Ref: scu.242790
Value Added Tax – Bad Debt Relief – Whether VAT ‘accounted and paid’ on the supply – s.36 VATA 1994 – Appeal dismissed
[2006] UKVAT V19589
England and Wales
Updated: 17 July 2022; Ref: scu.242787
SECURITY – poor compliance record – Appellant involved in previous insolvent company – was the requirement reasonable – yes – appeal dismissed
[2006] UKVAT V19583
England and Wales
Updated: 17 July 2022; Ref: scu.242770
VAT – Requirement to give security – Para.4(2)(a), Sch. 11, VATA 1994 -whether requirement reasonable – whether quantum of security required reasonable – Customs and Excise Commissioners v Peachtree Enterprises Ltd. [1994] STC 747 applied – Appellant had been involved as sole director in three companies which had failed owing VAT to the Commissioners – Appellant had been late in registering new business for VAT and had not paid all VAT due on time – Held requirement for security and quantum reasonable notwithstanding Appellant’s efforts to set up his new business on a more solid business footing – Appeal dismissed
[2006] UKVAT V19576
England and Wales
Updated: 17 July 2022; Ref: scu.242777
Supply – ‘points rights’ to be exchanged for accommodation – provision of right to accommodation to be arranged in UK or Spain – whether lease or letting of immoveable property – whether standard rated or exempt at point of supply – yes – whether supply divisible – no – ‘Finest Golf Cubs of the World’ not followed.. Art 13B E.C. 6th Directive; VATA 1994 Sch.9 Group 1.
[2006] UKVAT V19599
England and Wales
Updated: 17 July 2022; Ref: scu.242785
ASSESSMENT – whether the annual adjustment of an assessment under the Tour Operators’ Management Scheme was caught by the three year cap – yes – appeal allowed – assessment out of time
[2006] UKVAT V19580
England and Wales
Updated: 17 July 2022; Ref: scu.242773
Reasonable excuse appeal
[2006] UKVAT V19581
England and Wales
Updated: 17 July 2022; Ref: scu.242788
VAT ASSESSMENT – optician – separate charges regime for mixed supplies of standard rated spectacles and lenses and exempt supplies of dispensing services – VAT Information Sheet 8/99 – Information Sheet not a statement of law – the Respondents entitled in law to issue the Assessment – no separate charge found as fact – evidence demonstrated that the Appellant charged a single consideration for mixed supplies – assessment not excessive – assessment upheld – appeal dismissed
[2005] UKVAT V19406
England and Wales
Updated: 17 July 2022; Ref: scu.239992
INPUT TAX – Whether Appellant entitled to recover value added tax on opponents’ costs paid to their solicitor pursuant to an agreed order in the High Court – Turner (trading as Turner Agricultural) followed – Appeal dismissed
[2006] UKVAT V19570
England and Wales
Updated: 17 July 2022; Ref: scu.241879
VALUE ADDED TAX – input tax – Appellant alleged to be unknowing participant in carousel fraud – single consignment of 2500 mobile phones bought in UK and sold to Spanish trader – whether carousel established – yes – relevance in light of ECJ judgment in Optigen, Bond House – Appellant’s input tax claim rejected while preceding traders’ input tax claims accepted and declared output tax collected – whether Respondents’ actions discriminated against intra-Community trade – Sixth VAT Directive art 22(8) – even if discrimination demonstrated no breach of art 22(8) – ECJ judgment followed – appeal allowed provisionally
[2006] UKVAT V19508
England and Wales
Updated: 17 July 2022; Ref: scu.239988
Zero Rating – whether ‘granny flat built onto and into the Appellants house both houses having an exit into a conservatory with on external exit – Memorandum of Agreement between Appellant and local authority prohibiting sale and restricting occupancy. Whether flat entitled to zero rating. Appeal refused. VATA 1994, s.30 Schedule 8, Group 5, note (2)(c).
[2006] UKVAT V19501
England and Wales
Updated: 17 July 2022; Ref: scu.239979
Supply: Local Authority producing various leisure facilities standard and exempt, card sold to entitle purchaser to unlimited access without further payment to all facilities at the purchasers choice – output tax due at standard rate on price of card or on a calculated proportion of the price – no means of ascertaining what proportion of any card sold to a purchaser was for specific exempt supplies. Appeal refused – VATA 1994 Sch 9, Group 6.
[2006] UKVAT V19542
England and Wales
Updated: 17 July 2022; Ref: scu.241859
Reasonable excuse appeal
[2006] UKVAT V19553
England and Wales
Updated: 17 July 2022; Ref: scu.241856
SECURITY – Involvement of a Director in other companies which had had substantial VAT liabilities – requirement of Customs reasonable – appeal dismissed
[2006] UKVAT V19569
England and Wales
Updated: 17 July 2022; Ref: scu.241883
Reasonable excuse appeal
[2006] UKVAT V19554
England and Wales
Updated: 17 July 2022; Ref: scu.241868
DISCLOSURE – Documents – Allegation of abusive practice – Customs contend that tax avoidance is essential aim of transaction – Whether Tribunal should order disclosure of documents covering tax advice to Appellant – Whether necessary for fairly disposing of proceedings – Yes – Whether relevant – Yes – Application allowed – Value Added Tax Tribunal Rules r 20(3)
[2006] UKVAT V19514
England and Wales
Updated: 17 July 2022; Ref: scu.240277
ASSESSMENT – mark-up assessments and misdeclaration penalty based on observations and test purchases – Appellant did not appear – appeal dismissed
[2006] UKVAT V19507
England and Wales
Updated: 17 July 2022; Ref: scu.239989
Reasonable excuse appeal
[2006] UKVAT V19561
England and Wales
Updated: 17 July 2022; Ref: scu.241870
reasonable excuse appeal
[2006] UKVAT V19562
England and Wales
Updated: 17 July 2022; Ref: scu.241866
VAT – exemption – education – whether appellant’s supplies of e-learning software packages constitute provision of education or vocational training or supply of goods or services essential to that provision for purposes of item 5A Group 6 Schedule 9 VATA 1994 – appeal allowed
[2006] UKVAT V19509
England and Wales
Updated: 17 July 2022; Ref: scu.239972
Reasonable excuse appeal
[2006] UKVAT V19497
England and Wales
Updated: 17 July 2022; Ref: scu.239981
VAT ASSESSMENT – Chinese takeaway – suspected suppression of sales figures – Respondents decide on a suppression rate of 54.04 per cent derived from test purchases and observations during a ten month period -Appellant admits suppression but at a lower rate – Appellant’s calculations unconvincing – Respondents suppression rate based on firm evidence – Appeal dismissed – Assessment in the sum of pounds 44,422 plus interest upheld – Order for costs made against the Appellant for misusing Tribunal procedure by deliberately not attending the Tribunal.
MISDECLARATION PENALTY – Appeal dismissed in consequence of dismissal of the substantive Appeal
[2006] UKVAT V19491
England and Wales
Updated: 17 July 2022; Ref: scu.239027
VALUE ADDED TAX – default surcharge – payment-on-account trader – conflicting and confusing information given by Respondents – trader acting on mistaken belief that seven days’ grace allowed to it when making payments electronically – one default excused because of confusion – whether subsequent default also excusable – no – further default attributable to bank error excusable – appeal allowed in part
[2006] UKVAT V19500
England and Wales
Updated: 17 July 2022; Ref: scu.239982
VDT Default Surcharge – cheque sent to HMRC with request not to present immediately – cheque not presented before date VAT due – whether receipt of cheque is payment – whether default – whether reasonable excuse – Sections 59 and 71 VATA
[2006] UKVAT V19512
England and Wales
Updated: 17 July 2022; Ref: scu.239985
VAT – yacht charterer – withdrawal of registration – whether Appellants carrying on business – on facts no – appeal dismissed
[2006] UKVAT V19473
England and Wales
Updated: 17 July 2022; Ref: scu.239003
Value added tax – zero-rating – houseboat – first connection of mains water supply to houseboat at private residential mooring – whether zero-rated supply – no – appeal dismissed – Groups 5 and 9, Schedule 8, VATA 1994 – extra-statutory concession Notice 48 para. 3.16
[2005] UKVAT V19366
England and Wales
Updated: 17 July 2022; Ref: scu.238113
ASSESSMENT – whether assessment relating to periods when no returns made in a partnership name was valid or not – appeal allowed – VATA 1994 s73(1)
[2006] UKVAT V19463
England and Wales
Updated: 17 July 2022; Ref: scu.238968
INPUT TAX CREDIT – VAT incurred on provision of electric window blinds in a new dwelling house – whether these are goods ordinarily incorporated by builders building materials and therefore zero-rated or not – VAT (Input Tax) Order S1 1992/3222, arts 2 and 6 and group 5 of Schedule 8 VATA 1994. Appeal dismissed.
[2006] UKVAT V19428
England and Wales
Updated: 17 July 2022; Ref: scu.238969
ZERO-RATING – construction of a bridge by a charitable trust – item 2(a) Group 5 Schedule 8 VAT Act 1994 – is a bridge a building – no – appeal dismissed
[2006] UKVAT V19476
England and Wales
Updated: 17 July 2022; Ref: scu.239014
VAT – Default Surcharge – Section 59 VATA – Reasonable excuse
[2006] UKVAT V19486
England and Wales
Updated: 17 July 2022; Ref: scu.239015
Reasonable excuse appeal
[2006] UKVAT V19468
England and Wales
Updated: 17 July 2022; Ref: scu.238998
VAT PENALTIES – evasion – payment of central assessment – payment a mistake – intention to include amount of assessment in sum demanded by solicitors to avoid Winding-up Petition – assessment paid twice through inadvertence – credit balance with Customs thereby created – payment of assessment attributable to solicitors’ demand and not to any intention to underpay VAT with knowledge of greater VAT liability – dishonest conduct for the purpose of tax evasion not proved – appeal against penalties allowed
[2006] UKVAT V19448
England and Wales
Updated: 17 July 2022; Ref: scu.239013
Value Added Tax – VATA Schedule 1 para 1 – Registration by Commissioners of Appellants as a partnership – whether partnership constituted on basis of facts and circumstances – Appeals of each Appellant refused.
[2006] UKVAT V19465
England and Wales
Updated: 17 July 2022; Ref: scu.239005
Reasonable excuse appeal
[2006] UKVAT V19466
England and Wales
Updated: 17 July 2022; Ref: scu.238981
reasonable excuse appeal
[2006] UKVAT V19483
England and Wales
Updated: 17 July 2022; Ref: scu.239020
VAT Default surcharge – Appellant had unusually high turnover in a quarter – normally paid VAT by BACs transfer – VAT payable in quarter exceeding BACs daily threshold – payment therefore made in three instalments – instalments falling after due date – effect of HMRC practice in relation to electronic payments – regulation 25(4L) VAT General Regulations 1995 – Reasonable Excuse – on the facts – appeal dismissed.
[2006] UKVAT V19441
England and Wales
Updated: 17 July 2022; Ref: scu.238995
VALUE ADDED TAX – input tax – trader making only exempt supplies of land – site services rendered by third party – claim for input tax relief disallowed – Appellant claiming that some of the services rendered for associated companies – no documentary support – evidence of inter-company adjustments not including relevant services – no sufficient evidence of onward supply – appeal dismissed
[2006] UKVAT V19469
England and Wales
Updated: 17 July 2022; Ref: scu.238997
Reasonable excuse appeal
[2006] UKVAT V19453
England and Wales
Updated: 17 July 2022; Ref: scu.238990
SUPPLY OF SERVICES – supply – table-dancing premises – dancers entering into agreements with proprietor of premises to dance at the premises – whether dancers supplying services to customers on behalf of proprietor – yes – appeal stood over for further argument on tips obtained by dancers
[2006] UKVAT V19439
England and Wales
Updated: 17 July 2022; Ref: scu.238972
Interest – Appeal against refusal of input tax credit – Decision withdrawn – Determination of rate of interest under s.84(8) – Whether repayment supplement relevant – No borrowing by Appellant – Whether s.78 rate relevant – Determination of period for which interest payable – Relevance of delays – VATA 1994 s.84(8)
Costs – Date of decision – Whether earlier appealable decision
[2006] UKVAT V19440
England and Wales
Updated: 17 July 2022; Ref: scu.239008
Reasonable excuse appeal
[2006] UKVAT V19443
England and Wales
Updated: 17 July 2022; Ref: scu.238984
Value added tax – appeals – hardship – whether appellants had shown that grounds of hardship justified the non-payment of value added tax before their appeal proceeded – no grounds shown
[2006] UKVAT V19479
England and Wales
Updated: 17 July 2022; Ref: scu.238999
VAT – input tax – credit card bank – partially exempt trader – agreed special method and regulation 103 agreement for attribution of residual input tax – securitisation of credit card receivables – assignment of receivables to Jersey receivables trustee – trustee holding assigned receivables on trust for Jersey company which issued loan notes on security of receivables – whether assignment capable of amounting to supply by bank or merely security for loan – whether withdrawal of agreed special method and regulation 103 agreement valid – assuming assignment was supply for VAT purposes whether they and servicing of them made at fixed establishment of receivables trustee in UK – whether assessments to tax should be reduced – whether servicing of customers’ accounts uses residual inputs – assuming it does, whether full servicer fee should be included in calculation or a lesser proportion – whether share of servicer fees attributable to non-designated accounts should be excluded from contractual amount – how should servicer agreement be construed as to its scope, and administering and collecting of receivables – whether when used as proxy servicer fees also suffer from further flaw of being unreliable – whether agreed method and agreement should be construed as excluding receivables on accounts not designated at time returns made but designated before paid – whether voluntary disclosure in part out of time as having been made more than 3 years after end of relevant accounting periods – Sixth VAT Directive, arts 9, 11, 13, 17 and 19 – VATA 1994 ss. 4, 9, 24, 26, Sch 9 Gp 5 VAT Regs 1995, regs 29, 35, 101, 102 and 103 – VAT (Input Tax) (Specified Supplies) Order 1999, arts 2 and 3.
[2006] UKVAT V19413
England and Wales
Updated: 17 July 2022; Ref: scu.238965
Reasonable excuse appeal
[2005] UKVAT V19038
England and Wales
Updated: 17 July 2022; Ref: scu.228526
Reasonable excuse appeal
[2005] UKVAT V19032
Updated: 17 July 2022; Ref: scu.228525
Reasonable excuse appeal
[2005] UKVAT V19079
England and Wales
Updated: 17 July 2022; Ref: scu.228536
Reasonable excuse appeal
[2005] UKVAT V19365
England and Wales
Updated: 17 July 2022; Ref: scu.238110
VAT – ASSESSMENTS -CANCELLATION OF REGISTRATION – Suppressed sales – two separate records kept for takings – one used for VAT return – satisfied on evidence that the combination of the two records represented the true daily takings – suppressed sales found – application for cancellation made by one of the directors – were the Commissioners permitted to cancel knowing there was a dispute between directors – found that Commissioners cancelled registration under their own powers which was not based on the application but on the Company ceasing to trade – Appeal Dismissed
[2005] UKVAT V19139
England and Wales
Updated: 17 July 2022; Ref: scu.229573
VAT MISDECLARATION PENALTY AND DEFAULT INTEREST – Input tax claimed on invoice – no taxable supply – no entitlement to claim input tax – no reasonable excuse for misdeclaration penalty – allowed 20% mitigation for co-operation with Commissioners’ investigation – no jurisdiction to entertain the Appeal on default interest – if there is jurisdiction satisfied that the Commissioners assessed the correct amount of default interest – Appeal dismissed except allowing 20% mitigation of the penalty – Appellant liable to pay 80% of the penalty.
[2005] UKVAT V19148
England and Wales
Updated: 17 July 2022; Ref: scu.229575
VDT LAND AND BUILDINGS – Exemption – Election to waive exemption – Public House – Vendor had elected to waive exemption – Vendor obtained planning permission for conversion to two residences – Sale of building to purchaser who intended to convert building into dwelling houses – Whether building ‘intended for use as a dwelling or number of dwellings’ – Appellant as purchaser had not specifically communicated its intention to vendor – Whether vendor aware of intention – Yes – Election to waive exemption disapplied – Appeal allowed – VAT Act 1994 Schedule 10 para 2(2)(a).
[2005] UKVAT V19097
England and Wales
Updated: 17 July 2022; Ref: scu.228555
Reasonable excuse appeal
[2005] UKVAT V19387
England and Wales
Updated: 17 July 2022; Ref: scu.238088
VALUE ADDED TAX – security – VATA Sch 11 para 4 – factors taken into account at time of imposition of requirement – whether reasonably leading to conclusion that security required – yes – appeal dismissed
[2005] UKVAT V19394
England and Wales
Updated: 17 July 2022; Ref: scu.238105
Reasonable excuse appeal
[2005] UKVAT V19080
England and Wales
Updated: 17 July 2022; Ref: scu.228538
Reasonable excuse appeal
[2005] UKVAT V19040
England and Wales
Updated: 17 July 2022; Ref: scu.228530
VALUE ADDED TAX – zero-rating – domestic indoor swimming pools with electrically powered covers – swimming pools agreed to be zero-rated – whether cover installed at same time as pool also zero-rated – VATA 1994 Schedule 8 Group 5, Items 2 and 4, Note (22) – findings of fact made but final decision deferred pending outcome of reference to ECJ in Talacre Beach Caravan Sales Ltd
[2005] UKVAT V19392
England and Wales
Updated: 17 July 2022; Ref: scu.238093
Reasonable excuse appeal
[2005] UKVAT V19068
England and Wales
Updated: 17 July 2022; Ref: scu.228527
ZERO-RATING – mobility scooter – whether ‘designed solely for use by handicapped person’ – meaning of the word ‘designed’ – VAT Act 1994 Schedule 8 Group 12 Item 2(g) – appeal dismissed
[2005] UKVAT V19403
England and Wales
Updated: 17 July 2022; Ref: scu.238094
Reasonable excuse appeal
[2005] UKVAT V19118
England and Wales
Updated: 17 July 2022; Ref: scu.229574
VAT – belated notification penalty – imposed after terms of VAT Incentive Scheme not met – whether reasonable excuse – appeal dismissed
[2005] UKVAT V19409
England and Wales
Updated: 17 July 2022; Ref: scu.238071
DEFAULT SURCHARGE – no-one appearing – failure to transmit VAT electronically – new member of staff pressed wrong buttons – reliance on third party no reasonable excuse – appeal dismissed
[2005] UKVAT V19012
England and Wales
Updated: 17 July 2022; Ref: scu.225153
VAT – PENALTIE- Misdeclaration
[2003] UKVAT V18366
England and Wales
Updated: 17 July 2022; Ref: scu.221343
3-YEAR CAP – demonstrator cars – whether Appellant aware of the right to claim and would have claimed by 30 April 1997 – no – appeal dismissed
[2005] UKVAT V19060
England and Wales
Updated: 17 July 2022; Ref: scu.225169
Reasonable excuse appeal
[2005] UKVAT V19099
England and Wales
Updated: 17 July 2022; Ref: scu.228523
VAT – compulsory registration – private car hire operator – whether on facts Appellant became liable to be registered with effect from end November 1995 – finding that he did not so become liable – appeal allowed
VAT – global assessment – whether valid as relating only to period when Appellant liable to be registered – appeal allowed
[2005] UKVAT V19069
England and Wales
Updated: 17 July 2022; Ref: scu.228522
Reasonable excuse appeal
[2005] UKVAT V19067
England and Wales
Updated: 17 July 2022; Ref: scu.228521