Rastegar (T/A Mo’s Restaurant) v Revenue and Customs: FTTTx 6 Oct 2010

VAT – assessment covering 9 year period following failure to register – Appellant had submitted SA income tax returns showing turnover above VAT registration threshold – whether assessment time barred under 73(6) VATA because information about turnover already held by HMRC – no – whether assessment time barred by s 77 VATA in whole or in part (3 year time limit) – no, because although no penalty actually imposed for non-registration, circumstances giving rise to a liability for such a penalty existed and therefore 20 year extended time limit in s 77(4) VATA engaged – reliance on accountant to advise on tax did not affect this – appeal on preliminary issue dismissed

[2010] UKFTT 471 (TC)
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.426640

POWA (Jersey) Ltd v Revenue and Customs: FTTTx 11 Dec 2009

VALUE ADDED TAX – input tax – denial of right to deduct on grounds of alleged knowledge or means of knowledge of fraud by others – alleged MTIC and contra-trading – whether shown that appellant’s transactions connected with fraudulent evasion of VAT – yes – whether appellant ‘knew or should have known’ of fraud – yes – right to deduct validly refused – appeal dismissed

[2009] UKFTT 360 (TC)
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.409169

Lady Nuffield Home v Revenue and Customs: VDT 20 Jun 2005

ZERO-RATING – Building – Aids for the handicapped – Construction of en-suite bathrooms and wcs for handicapped persons in nursing home – Extension of en-suite facilities into former corridor, construction of new corridor outwith the existing walls – Whether zero-rated – Provision in Notice 701/7 para 6.5 allowing zero-rating of restoring space elsewhere in the building – Whether explanation of law or extra-statutory concession – VATA 1994, Sch 8, Gp 12, Item 11

[2005] UKVAT V19123
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.229577

Steel Windows Co Ltd v Revenue and Customs: VDT 22 Jun 2005

VDT VALUE ADDED TAX – input tax – trader claiming large input tax refund – claim refused by Respondents – claim supported by invoices from dissolved company and from companies with common or family directors – no reliable evidence that stated prices genuine – admission that no payment made – scale of purchases implausible – Appellant’s director unreliable witness – appeal dismissed

[2005] UKVAT V19158
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.229601

Birmingham and Solihull Learing Exchange Ltd v Revenue and Customs: VDT 27 Oct 2005

SUPPLIES – Appellant administering and distributing grants on behalf of Learning and Skills Council for England – whether a supply of services to the recipients of the grants and whether such supplies are carried out in the course or furtherance of a business – on the facts, no supply of services to the recipients – appeal allowed

[2005] UKVAT V19310
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.237993

Marlow Gardener and Cooke Ltd and Another v Revenue and Customs: VDT 4 Nov 2005

ELECTION TO TAX – Belated notification – Evidence of election – Whether notification made after property has been sold can be effective – Yes – Whether fact that VAT was charged on rents was sufficient evidence of election – Yes – VATA Sch 10 pp 2 and 3(6)

[2005] UKVAT V19326
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.238049

Ralli v Revenue and Customs: VDT 22 Nov 2005

ASSESSMENTS UNDER S.73 VATA – wholesale jeweller – underdeclarations for 12 accounting periods – discrepancies in business and financial information supplied – no attendance at hearing by or for Appellant – appeal dismissed – costs awarded to Respondents

[2005] UKVAT V19360
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.238061

Claim 13 Plc v Revenue and Customs: VDT 16 Jun 2005

PARTIAL EXEMPTION – Special method – Approval – Appellant applied for group registration conditional upon proposal for special method being accepted – Commissioners granted group registration without considering special method proposal – Appellant continued for 18 months on standard method – Whether approval to use special method granted – No – Appeal dismissed – VAT General Reg’s r. 102

[2005] UKVAT V19122
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.229567

Shell International Petroleum Co Ltd v Revenue and Customs: VDT 21 Nov 2005

Deduction of input tax – Company paying the investor relations expenses of two listed companies that held 40% and 60% respectively of its share capital – Whether services received were services rendered to the company and were services to be used by the company for the purposes of its business – Whether services only satisfied those tests in part

[2005] UKVAT V19345
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.238065

NACD Ltd v Revenue and Customs: VDT 22 Nov 2005

VALUE ADDED TAX – default surcharges – five surcharges – insufficiency of funds -liquidation of a main supplier – bad debts – late payment of invoices – whether Appellant had a reasonable excuse for each default – no – appeal dismissed – VATA 1994 Ss 59(7)(b) and 71(1)(a)

[2005] UKVAT V19346
Bailii
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.238053

Sub One Ltd (T/A Subway) v HM Revenue and Customs: CA 10 Jun 2014

The applicant challenged the decision to treat toasted sandwiches and their ‘meatball marinara’ as falling within Schedule 8 Part II Group 1 Note 3(b) of the 1994 act, and this as ‘standard-rated’ rather than ‘zero-rated’ for the purposes of Value Added Tax.

Rimer, McCombe, Briggs LJJ
[2014] EWCA Civ 773
Bailii
Value Added Tax Act 1994
England and Wales

VAT

Updated: 04 December 2021; Ref: scu.526388

Commission v France: ECJ 21 Mar 2013

ECJ Failure to fulfill obligations – Taxation – VAT – Directive 2006/112/EC – Article 148 – Exemption of certain transactions for vessels used passengers for reward or engaged in commercial traffic – Condition assignment to the high seas’

C-197/12, [2013] EUECJ C-197/12
Bailii

European, VAT

Updated: 03 December 2021; Ref: scu.526053

Trade Finance Solutions and Outsourcing Ltd v Revenue and Customs: UTTC 12 May 2014

UTTC VAT default surcharge – payment received by HMRC one day late – Appellant on holiday when return and VAT due which caused delay in payment – whether in the circumstances a penalty of andpound;1,256.97 was unfair and disproportionate – no – whether reasonable excuse – no – Appeal dismissed

Michael S Connell
[2014] UKFTT 464 (TC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525967

Revenue and Customs v Pinevale Ltd: UTTC 7 May 2014

UTTC Value Added Tax – Reduced rate supply – Energy saving materials – Insulation for roofs – Polycarbonate panels for conservatories – Panels supplied to create new roof – Panels supplied to replace existing panels – Whether energy saving materials comprising insulation for roofs – Appeal allowed – VATA 1994 Schedule 7A Group 2

[2014] UKUT 202 (TCC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525962

K Oy: ECJ 14 May 2014

ECJ Opinion – Common system of value added tax – Directive 2006/112/EC – Directive 2009/47/EC – Application of a reduced rate of VAT for printed books only, to the exclusion of other books on physical media ( CD, CD-ROM, USB key) – concrete and specific aspects – Tax Neutrality

Mangozzi AG
C-219/13, [2014] EUECJ C-219/13, [2014] EUECJ C-219/13
Bailii, Bailii

European, Vat

Updated: 03 December 2021; Ref: scu.525524

Almos Agrarkulkereskedelmi v Nemzeti Ado-es Vamhivatal Kozep-magyarorszagi Regionalis Ado Foigazgatosaga: ECJ 15 May 2014

ECJ Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount – Extent of obligations of Member States – Direct effect

da Cruz Vilaca P
C-337/13, [2014] EUECJ C-337/13
Bailii

European, VAT

Updated: 03 December 2021; Ref: scu.525519

Crescent of Cambridge Ltd v Revenue and Customs: FTTTx 1 May 2014

FTTTx VALUE ADDED TAX – default surcharge – section 59 Value Added Tax Act 1994 – whether deferral agreements excluded default surcharges – whether default in period 05/12- whether return sent in one day late so that surcharge liability period extended – whether result disproportionate – appeal dismissed-

Brannan TJ
[2014] UKFTT 398 (TC)
Bailii

VAT

Updated: 03 December 2021; Ref: scu.525398

GSM Intertrade Ltd v Revenue and Customs: FTTTx 29 Apr 2014

FTTTx VALUE ADDED TAX – whether the mobile phones allegedly acquired by and then sold and despatched abroad by appellant had existed and whether they had corresponded to the goods described in the respective invoices – Regulation 14(1) Value Added Tax Regulations 1995 – whether reasonable for HMRC not to exercise discretion under Regulation 29 (2) Value Added Tax Regulations 1995 to allow claim for input tax – Appeal dismissed

[2014] UKFTT 399 (TC)
Bailii

VAT

Updated: 03 December 2021; Ref: scu.525344

Karandal v Revenue and Customs: FTTTx 2 Apr 2014

FTTTx VALUE ADDED TAX – appeal against decision compulsorily to register appellant pursuant to paragraph 5 Schedule 1 to Value Added Tax Act 1994 – appeal against late notification penalty – whether appellant liable to compulsory registration – yes -whether liable to a penalty for late notification of requirement to register under section 67 Value Added Tax Act 1994- yes- appeal dismissed

[2014] UKFTT 321 (TC)
Bailii

VAT

Updated: 03 December 2021; Ref: scu.525354

EMJ Telecommunications Ltd v Revenue and Customs: FTTTx 16 Apr 2014

FTTTx VALUE ADDED TAX – MTIC fraud – whether the appellant knew or should have known of the connection between its purchases in relation to which deduction of input VAT was claimed and fraudulent evasion of VAT – held deduction of the input tax would be denied because the appellant knew of the connection or if it did not then it knew that the only reasonable explanation for the transactions in issue was that they were connected with fraudulent evasion of VAT – appeal dismissed

[2014] UKFTT 354 (TC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525334

Tricor Plc (Formerly Pnc Telecom Plc) v Revenue and Customs: FTTTx 3 Mar 2014

VAT – INPUT TAX – HMRC denied input tax claims totalling pounds 1,847,976.80 in respect of 16 transactions of mobile phones and CPUs – Was there a VAT Loss? – Yes – Was the loss fraudulent? – Yes – Were the Appellant’s transactions connected with the fraud? – Yes – Did the Appellant know or should have known that its transactions were connected to fraudulent evasion of VAT? – Yes the Appellant knew – Appeal dismissed

[2014] UKFTT 241 (TC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525310

The Roald Dahl Museum and Story Centre v Revenue and Customs: FTTTx 25 Mar 2014

FTTGc Value Added Tax – Input tax – Museum making both exempt and taxable supplies – Exempt supplies of admissions to museum and taxable supplies (standard rated and zero rated) of items sold in museum shop – Whether expenditure incurred in creating museum exhibits should be treated as residual input tax – Value Added Tax Regulations 1995, reg 101(2)(b) and (d) and (10) – Appeal allowed in part

[2014] UKFTT 308 (TC)
Bailii

VAT

Updated: 03 December 2021; Ref: scu.525297

Ermis v Revenue and Customs: FTTTx 14 Apr 2014

VAT – dishonest evasion penalty – whether appellant deliberately failed to register and account for VAT – yes – whether appellant failed to register and account for VAT for the purpose of evading VAT – yes – whether the appellant dishonest – yes – whether penalty should be further reduced – no – appeal dismissed and penalty confirmed

[2014] UKFTT 367 (TC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525335

Envoygate (Installations) Ltd and Another v Revenue and Customs: FTTTx 27 Feb 2014

VALUE ADDED TAX – supply of replacement box sash windows and supply of draught stripping for windows – installation of energy-saving materials – supplies at reduced rate of VAT – whether single supply or separate supplies so that supply of draught stripping for windows is a supply at reduced rate – if single supply, whether nevertheless the reduced rate of VAT should be applied to draught stripping work as a concrete and specific aspect of the single supply – on the facts the supply of draught stripping for windows is a separate supply taxable at the reduced rate of VAT – appeal allowed – s 29A and Group 2, Sch. 7A VATA 1994

[2014] UKFTT 221 (TC)
Bailii
England and Wales

VAT

Updated: 03 December 2021; Ref: scu.525214

Hosseini v Director of Border Revenue: FTTTx 26 Feb 2014

FTTTx CUSTOMS DUTY AND VAT- gold seized from appellant traveller as liable to duty on importation on her failure to declare it as so liable – no condemnation proceedings brought – gold therefore condemned as forfeit – whether respondents refusal to restore gold to appellant reasonable – yes – appeal dismissed

[2014] UKFTT 219 (TC)
Bailii

VAT, Customs and Excise

Updated: 03 December 2021; Ref: scu.525220

Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wasewicz v Dyrektor Izby Skarbowej w Poznaniu: ECJ 1 Mar 2012

VAT – Directive 2006/112/EC – Articles 9, 168, 169 and 178 – Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity – Purchase of land by the partners of a partnership – Invoices drawn up prior to registration of the partnership seeking the deduction

[2012] EUECJ C-280/10, C-280/10
Bailii
Directive 2006/112/EC
Citing:
OpinionKopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wasewicz v Dyrektor Izby Skarbowej w Poznaniu ECJ 15-Sep-2011
kopalniaECJ2011
ECJ Opinion – Value Added Tax – Recovery of input tax for operations for the purpose of future economic activity – taxable transaction before the formation of a partnership that carries out economic activity – . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 03 December 2021; Ref: scu.524023

Softhouse Consulting Ltd v Revenue and Customs (Costs): UTTC 19 Feb 2014

UTTC After perusing the respondents’ application for a direction in respect of their costs of and incidental to the appellant’s application for permission to appeal, there having been no representations thereon by the appellant, It is directed that the application is dismissed.

[2014] UKUT B3 (TCC)
Bailii
England and Wales

VAT, Costs

Updated: 02 December 2021; Ref: scu.523486

Le Rayon D’Or SARL v Ministre de l’Economie et des Finances: ECJ 27 Mar 2014

ECJ Request for a preliminary ruling – Taxation – VAT – Scope – Determination of the taxable amount – Concept of ‘subsidy directly linked to the price’ – Payment of a lump sum by the national sickness insurance fund to residential care homes for the elderly

C-151/13, [2014] EUECJ C-151/13
Bailii

European, VAT

Updated: 02 December 2021; Ref: scu.523333

Cambridge University Boathouse Ltd Her Majesty’S Revenue and Customs (VAT – Sporting Exemption – True Beneficiaries): FTTTx 28 Oct 2021

VAT – sporting exemption – true beneficiaries – provision of boathouse under licence to three Cambridge clubs – whether the clubs or the rowers were the true beneficiaries – on the facts, the clubs were the true beneficiaries – issue decided in favour of the Appellant

[2021] UKFTT 382 (TC)
Bailii
England and Wales

VAT

Updated: 02 December 2021; Ref: scu.669762

Caixa D’Estalvis I Pensions De Barcelona v Generalidad de Cataluna: ECJ 20 Mar 2014

ECJ Request for a preliminary ruling – Sixth VAT Directive – Exemptions – Transactions concerning the sale of shares and involving the transfer of interests in immoveable property – Imposition of an indirect tax distinct from VAT – Articles 49 TFEU and 63 TFEU – Purely internal situation

E. Juhasz, P
C-139/12, [2014] EUECJ C-139/12
Bailii

European, VAT

Updated: 01 December 2021; Ref: scu.522645

Jetair And Btw-Eenheid Btwe Travel4You v FOD Financien: ECJ 13 Mar 2014

ECJ VAT – Special scheme for travel agents – Transactions carried out outside the European Union – Sixth Council Directive 77/388/EEC – Article 28(3) – Directive 2006/112/EC – Article 370 – ‘Standstill’ clauses – Amendment of national legislation during the transposition period

C.G. Fernlund
C-599/12, [2014] EUECJ C-599/12
Bailii
European

VAT

Updated: 01 December 2021; Ref: scu.522484

Finanzamt Saarlouis v Malburg: ECJ 13 Mar 2014

ECJ Taxation – Value added tax – Origin and scope of the right of deduction – Dissolution of a partnership by a partner – Acquisition of a portion of the client base of that partnership – Contribution in kind to another partnership – Payment of input tax – Whether deduction possible

A. Borg Barthet, P
C-204/13, [2014] EUECJ C-204/13
Bailii
European

VAT

Updated: 01 December 2021; Ref: scu.522487

Pro Med Logistik Gmbh v Finanzamt Dresden-Sud: ECJ 27 Feb 2014

ECJ Request for a preliminary ruling – VAT – Sixth VAT Directive – Article 12(3) – Annex H, category 5 – Directive 2006/112/EC – Article 98(1) and (2) – Annex III, point 5 – Principle of neutrality – Transport of passengers and their accompanying luggage – Legislation of a Member State applying different rates of VAT to transport by taxi and to transport by minicab

C-454/12, [2014] EUECJ C-454/12
Bailii

European, VAT

Updated: 30 November 2021; Ref: scu.521835

Maks Pen Eood v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Sofia: ECJ 13 Feb 2014

ECJ (Judgment Of The Court) Taxation – Common system of value added tax – Directive 2006/112/EC – Deduction of input tax – Supplies made – Tax inspection – Supplier not having the necessary resources – Concept of tax evasion – Obligation to make a finding of tax evasion of the court’s own motion – Requirement that the service actually be supplied – Requirement to keep accounts in sufficient detail – Legal proceedings – National court prohibited from classifying the tax evasion as a criminal offence and adversely affecting the applicant’s situation

JL da Cruz Vilaca, P
C-18/13, [2014] EUECJ C-18/13
Bailii
Directive 2006/112/EC
European

VAT

Updated: 30 November 2021; Ref: scu.521831

Struebel (T/A Two Stroke To Turbo) v Revenue and Customs: FTTTx 10 Feb 2014

FTTTX VALUE ADDED TAX – default surcharge – surcharge at 10% rate – fourth alleged default- whether reasonable excuse – on the facts yes -whether first non-appealable default a material default in relation to fourth default – meaning of section 59(8) Value Added Tax Act 1993- whether reasonable excuse for first default -on the facts yes – appeal allowed

[2014] UKFTT 177 (TC)
Bailii
England and Wales

VAT

Updated: 30 November 2021; Ref: scu.521806

British Printing Industries Federation v Revenue and Customs: FTTTx 4 Feb 2014

FTTTx VAT – exempt services – Value Added Tax Act 1994, Schedule 9, Group 9, item 1(d), note (5) and Article 132(1)(l) of the Principal VAT Directive (2006/112/EC) – employers federation providing services to members in return for annual subscriptions – whether membership subscriptions exempt from VAT – whether ‘trade union’ association – whether primary purpose of federation included making representations to third party decision makers – whether objectives of association were for the collective interests of members

[2014] UKFTT 150 (TC)
Bailii
England and Wales

VAT

Updated: 30 November 2021; Ref: scu.521774

Avon Cosmetics Ltd v Revenue and Customs: FTTTx 11 Feb 2014

FTTTx Value Added Tax – Input tax – Failure of derogation dealing with retail sales made through non-registered representatives to provide for any deduction in respect of input tax for costs borne by representatives, whilst nevertheless rendering the Appellant (on selling to those representatives) liable to VAT by reference to the retail open market selling price received by the representatives – whether the derogation, the UK statutory provision implementing it or the Notice of Direction, applying the derogation to the Appellant could be varied by us – reference of this question to the European Court of Justice – further issue of whether the derogation itself was unlawful and should be set aside, an issue that can only be determined by the ECJ – reference of that issue to the ECJ with an indication that the derogation was not proportionate since it imposed additional tax in excess of any calculation of the tax avoided but for the derogation, once the representatives incurred costs that had suffered VAT – additionally the derogation occasioned ‘sticking tax’, and an element of unfair competition between the Appellant and its representatives, and those selling through normal VAT-registered retailers

Nowlan TJ
[2014] UKFTT 172 (TC)
Bailii

VAT

Updated: 30 November 2021; Ref: scu.521771

Bellflower Racing Ltd v Revenue and Customs: FTTTx 5 May 2010

VAT – security – Appellant providing services to racehorse owners – Appellant’s director director of two other companies which failed owing large sums to revenue – Appellant’s own returns in arrears and owing substantial amount of tax – whether decision to require security reasonable – yes – appeal dismissed

[2010] UKFTT 200 (TC)
Bailii
England and Wales

VAT

Updated: 30 November 2021; Ref: scu.422216