Rosgill Group Ltd v Commissioners of Customs and Excise: CA 23 Apr 1997

A party hostess had been allowed to buy for pounds 20.76 a blouse with a catalogue price of pounds 27.99.
Held: The monetary equivalent of the consideration for the hostess’s services in arranging the party was the difference pounds 7.23: ‘The second question involved the value of the barter element in the supply of the blouse. The value is that which the parties put on it, attributed to it, in the actual transaction between them. It is not a valuation exercise but simply the giving of an answer to a factual question, which is normally a simple exercise. In the present case the answer is provided by the parties’ own documentation’. VAT was payable on full price despite discount to ‘party plan’ agent selling others

Judges:

Hobhouse LJ

Citations:

Times 30-Apr-1997, [1997] EWCA Civ 1502

Statutes:

Value Added Tax Act 1983 10(2)

Jurisdiction:

England and Wales

Citing:

FollowedNaturally Yours Cosmetics Ltd v Commissioners of Customs and Excise ECJ 23-Nov-1988
A cosmetics wholesaler offered to a beauty consultant, acting as retailer, a pot of rejuvenating cream at the special price of andpound;1.50. The consultant was to give the cream to a chosen retail customer (referred to as a hostess) as a reward for . .

Cited by:

CitedLex Services plc v Her Majestys Commissioners of Customs and Excise HL 4-Dec-2003
When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher price. When cars were returned, the company at first reclaimed the VAT on the re-purchase price, . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 21 October 2022; Ref: scu.141898