Longborough Festival Opera v Customs and Excise: VDT 26 May 2005

VDT EXEMPTION – Cultural services – Eligible body- Preclusion from distributing profits – Management and administration on voluntary basis by persons with no financial interest in the body’s activities – Appellant company limited by guarantee having four ‘trustees’- Trustee undertaking to guarantee losses of Appellant – Same trustee making loans to Appellant – Same trustee owning premises in which Appellant stages operatic productions – Same trustee sole director and majority share holder of commercial company which had financial dealings with Appellant – Whether Appellant managed and administered on voluntary basis by person with no financial interest in its activities – No – EC Sixth Dir, Art 13A.2(a) – VATA 1994, Sch 9, Gp 13, Item 2(b), Note (2)

Citations:

[2005] UKVAT V19096

Links:

Bailii

Cited by:

Appeal fromLongborough Festival Opera v HM Revenue and Customs ChD 27-Jan-2006
The charitable company sought tax exemption as an eligible body supplying music of a cultural nature.
Held: the company’s artciles prohibited distribution of profits, and the management as by directors having no financial interest. . .
Lists of cited by and citing cases may be incomplete.

VAT, Charity

Updated: 01 July 2022; Ref: scu.228548