The respondent controlled a VAT group of companies. Its shareholding in TDL was transferred to a charitable trust, and the Commissioners were informed that it was no longer a member of the group. The commissioners contended that it remained a member up to the end of the accounting period.
Held: The provisions of the Act relating to the termination of group membership, did not provide that it would be coterminous with the cesser of eligibility, and such a provision could not be implied.
Judges:
The Vice-Chancellor, Lord Justice Buxton, And Lady Justice Arden
Citations:
Gazette 15-Nov-2001, [2001] EWCA Civ 1513, [2001] STC 1558, [2001] BVC 606, [2001] BTC 5531, [2001] STI 1359, [2002] 1 CMLR 3
Links:
Statutes:
Value Added Tax Act 1994 43(5)(b)
Jurisdiction:
England and Wales
Banking, VAT
Updated: 29 June 2022; Ref: scu.166642