Tag: VAT

Howe v Her Majesty’s Revenue and Customs: FTTTx 24 Apr 2009

FTTTx VAT – Late registration – Assessments and penalty – Hairdresser operating ‘chair rental’ scheme – Registration and assessments based on direct tax information – Appeal heard in the absence of the Appellant – Application for adjournment refused but direction made that new evidence and submissions would be considered by the Tribunal if received from the Appellant within 28 days of the release date of this Decision – Failing that the appeal would stand dismissed without a further hearing

Citations:

[2009] UKFTT 73 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373612

Fantastic Illuminations Ltd v Revenue and Customs: FTTTx 24 Apr 2009

FTTTx VAT – Default surcharge – Electronic payment of tax received one day after the due date – whether the payment was made ‘at such a time and in such a manner that it was reasonable to expect that it would be received by the Commissioners’ in time – held that it was – Appeal allowed

Citations:

[2009] UKTFF 60 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373608

Aslam and Another (T/A Ramzan Foodstore) v Her Majesty’s Revenue and Customs: FTTTx 14 Apr 2009

FTTTx S73 Assessment: Partnership; one partner bankrupt; appeal proceeding in name of one partner only; repayment claims credibility check; mark-ups on fast selling lines not in line with expected outcomes; local convenience store; unlikely patterns of trading; no adherence to any accepted retail scheme; assessment upheld.

Citations:

[2009] UKFTT 48 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373596

Garsington Opera Ltd v Revenue and Customs: FTTTx 28 Apr 2009

FTTTx Value Added Tax – Input tax – Attribution of input tax – Opera Company making both exempt and taxable supplies – Company makes exempt supplies of tickets and taxable supplies of sponsorship rights, programmes, CDs etc. to public and makes taxable supplies of productions to outside concert hall – Company pays input tax when obtaining the production inputs required to make the opera productions presented as part of season – Whether input tax on production inputs deductible – Yes – Value Added Tax Regulations 1995, SI 1995/2518 reg 101(2)(b) and (d)

Citations:

[2009] UKFTT 77 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373609

Dudman Group Ltd v Revenue and Customs: FTTTx 17 Apr 2009

FTTTx Value Added Tax – Default surcharge – First default occasioned by late refusal of bank to advance monies following a long, and initially encouraging, negotiation – second default occasioned by CHAPS payment being late on account of the failure to note that 7 May 2007 was a Bank holiday – First appeal allowed and second appeal dismissed

Citations:

[2009] UKFTT 52 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373607

Cardinal Entertainments Ltd v Revenue and Customs: FTTTx 24 Apr 2009

FTTTx Value Added Tax – Requirement for security – para. 4(2),(4), Sch. 11, VATA 1994 – connection of control, trade and website address established between the Appellant company and other companies with a history of VAT default and insolvency in the local area – held, requirement for security had not been shown to be unreasonable – appeal dismissed

Citations:

[2009] UKFTT 72 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 30 July 2022; Ref: scu.373600

Finanzamt Dusseldorf-Sud v Salix Grundstucks-Vermietungsgesellschaft: ECJ 4 Jun 2009

ECJ Sixth VAT Directive Second and fourth subparagraphs of Article 4(5) Option of Member States to consider activities of bodies governed by public law exempted under Article 13 and Article 28 of the Sixth Directive as activities of public authorities Rules governing exercise of that option Right to deduct Significant distortions of competition.

Citations:

C-102/08, [2009] EUECJ C-102/08

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 28 July 2022; Ref: scu.347052

Revenue and Customs v Procter and Gamble UK: CA 20 May 2009

The court was asked whether Pringles are ‘similar to potato crisps and made from the potato?’ Toulson LJ discussed the need for appellate courts to respect the special knowledge of tribunals: ‘Where a Tribunal has taken into account all relevant factors, and has not been influenced by impermissible factors, a court will only exceptionally entertain a challenge based on the Tribunal’s evaluation of those factors for the reason given by Baroness Hale in AH. The challenge would have to show that the decision was perverse.’

Judges:

Toulson LJ, Mummery LJ, Jacob LJ

Citations:

[2009] EWCA Civ 407, [2009] BVC 461, [2009] BTC 5462, [2009] STC 1990, [2009] STI 172

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At VDT – Procter and Gamble (Uk) v Revenue and Customs VDT 25-Jun-2007
VDT ZERO-RATING – food – Excepted item 5 of Group 1 of Schedule 8 to the VAT Act 1994 – whether Pringles are similar to potato crisps – yes – whether they are made from the potato, potato flour or potato starch – . .
Appeal from – Procter and Gamble UK v Revenue and Customs (Including Supplemental Judgment) ChD 4-Jul-2008
Whether Regular Pringles are standard-rated as being within the words ‘potato crisps, potato sticks, potato puffs and similar products made from the potato, or from potato flour, or from potato starch’ in excepted item 5 of Group 1 of Schedule 8 to . .

Cited by:

Cited – Sugar v The British Broadcasting Commission and Another (No 2) CA 23-Jun-2010
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
Cited – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 26 July 2022; Ref: scu.346217

Insurancewide.Com Services Ltd v HM Revenue and Customs: ChD 15 May 2009

The taxpayers appealed against a finding that their business did not fall within the exemption from VAT of insurance brokers. They introduced possible customers to insurance companies via web-sites.
Held: The company’s activities were in the nature of insurance brokers, and the business was within the scope of the exemption.

Judges:

Sir Edward Evans-Lombe

Citations:

[2009] EWHC 999 (Ch), Times 05-Jun-2009

Links:

Bailii

Statutes:

Value Added Tax Act 1994, Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the member states relating to turnover taxes (OJ June 13, 1977 L145/1)

Jurisdiction:

England and Wales

VAT

Updated: 26 July 2022; Ref: scu.344034

Forvaltnings AB Stenholmen v Riksskatteverket: ECJ 1 Apr 2004

ECJ Judgment – Sixth VAT Directive – Article 26a – Special arrangements applicable to second-hand goods – The term ‘second-hand goods’ – Horse sold on after training

Citations:

C-320/02, [2004] EUECJ C-320/02, [2006] BVC 82, [2004] STI 989, [2004] ECR I-3509, [2004] CEC 248, [2006] BTC 5013, [2004] 2 CMLR 56, [2004] STC 1041, [2004] All ER (EC) 870

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 26 July 2022; Ref: scu.195734

Volkswagen Financial Services (UK) Ltd v HM Revenue and Customs: CA 28 Jul 2015

The parties disputed the recoverability of VAT on the general expenses of the appellant which operated a car financing company. In particular: ‘whether any of the residual input tax paid by VWFS in respect of the general overheads of the business is deductible against the output tax paid on the taxable supply of vehicles to customers. In short, HMRC contend that the correct tax treatment of the residual input tax on overheads in this case is that the overheads are all attributable to the exempt supplies of finance and the input tax is therefore irrecoverable.’
Held: The input tax was recoverable.
Patten LJ explained: ‘The First-tier Tribunal proceeded on the basis that the only dispute about methodology was whether any part of the residual input tax was attributable to and could be set-off against the taxable supplies of vehicles made in the retail sector of VWFS’s business. But HMRC contend that they did challenge the apportionment formula contained in the proposed PESM on wider grounds and that a lower figure than 50% should be attributed to the taxable supplies of vehicles as part of the hire purchase contracts in terms of the use made of the allocated inputs.’

Judges:

Patten, Sharp, King LJJ

Citations:

[2015] EWCA Civ 832, [2015] STI 2533, [2016] STC 417, [2015] BVC 32

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At FTTTx – Volkswagen Financial Services (UK) Ltd v Revenue and Customs FTTTx 18-Aug-2011
VAT – partial exemption special method – hire purchase transactions – taxable supplies of goods and exempt supplies of credit – whether a methodology attributing part of residual input tax to taxable supplies of goods is fair and reasonable – . .
Appeal from – HM Revenue and Customs v Volkswagen Financial Services (UK) Ltd UTTC 12-Nov-2012
UTTC VAT – partial exemption special method – hire purchase transactions – taxable supplies of motor vehicles and exempt supplies of credit – whether residual cost inputs have a direct and immediate link with and . .

Cited by:

Appeal from – Volkswagen Financial Services (UK) Ltd v Revenue and Customs SC 5-Apr-2017
The court considered the VAT treatment general business overheads of a vehicle financing company, and in particular the ‘partial exemption special method’ (‘PESM’) agreed with HMRC for the valuation of the proportion of residual input tax . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 25 July 2022; Ref: scu.550647

Commissioners of H M Customs and Excise v Pegasus Birds Limited: ChD 7 Nov 2003

The Commissioners appealed from a decision of the Vat and Duties Tribunal

Judges:

The Honourable Mr Justice Patten

Citations:

[2003] EWHC 2552 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Pegasus Birds Ltd v H M Customs and Excise Admn 27-Nov-1998
The Excise Commissioners eventually issued an assessment to VAT in 1997 for 1993 after commencing their investigations in 1993.
Held: Section 73 did not operate as a full bar to the Commissioners making an assessment after the one year where . .
See Also – Pegasus Birds Ltd v Customs and Excise VDT 22-Oct-1997
The taxpayer asserted that the Commissioner’s assessment to VAT were out of time and had not been made to the inspector’s ‘best judgment’. . .
See Also – Pegasus Birds Ltd v Commissioners of Customs and Excise CA 10-Feb-2000
The company were said to have kept inadequate VAT Records. The parties disputed the sums due or evaded, and an assessment was only finally issued in 1997, at which point the taxpayer said that the assessment was out of time under section 73(6)(b). . .
Appeal from – Pegasus Birds Ltd v Customs and Excise VDT 7-Jun-2002
The Tribunal was asked whether an assessment to VAT notified to the Respondent Company, Pegasus Birds Limited and contained in a formal notice of assessment was made to best judgment.
Held: It was not. The Respondent’s appeal succeeded. . .

Cited by:

Appeal from – Pegasus Birds Ltd v Commissioners of HM Customs and Excise CA 27-Jul-2004
The taxpayer complained that the assessment imposed by the Commissioners was wholly unreasonable, and void. The tribunal had found the assessment wholly unreasonable, but the High Court had allowed the Commissioners’ appeal.
Held: There was no . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 24 July 2022; Ref: scu.188059

Revenue and Customs v The Boots Company Plc: ChD 16 Mar 2009

Judges:

Patten J

Citations:

[2009] EWHC 487 (Ch), [2009] STI 775, [2009] STC 1577, [2009] BTC 5308, [2009] BVC 307

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Boots Company Plc v HM Revenue and Customs CA 17-Dec-2009
. .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 23 July 2022; Ref: scu.322747

Royal Bank of Scotland Group Plc v Revenue and Customs: VDT 22 Oct 2008

TRANSFER OF A GOING CONCERN – initial transfer not qualifying, subsequently novated in circumstances which qualified – whether treatment applicable to subsequent payments treated as separate supplies – subsequent payments not consideration for the sale of business so the issue did not arise
EXEMPTION – insurance brokers and insurance agents whether introduction of existing insureds on sale of business by former insurer qualified – no

Citations:

[2008] UKVAT V20856

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 23 July 2022; Ref: scu.301828

Kidease Ltd v Revenue and Customs: VDT 3 Sep 2008

INPUT TAX – Appellant registered as provider of exempt supplies childcare – subsequently it provided taxable supplies of management consultancy – Following advice from HMRC all its input tax reclaimed – Whether issue wrong advice justiciable in Tribunal – No
MISDECLARATION PENALTY – Whether Appellant entitled to rely on wrong advice from HMRC as reasonable excuse – Whether HMRC given sufficient information – No

Citations:

[2008] UKVAT V20793

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 23 July 2022; Ref: scu.301785

The Coffee Denn Ltd v Revenue and Customs: VDT 6 Jan 2009

Value Added Tax – Appeal against assessment based on the contention that turnover had been suppressed such that the business that had been de-registered as having a turnover below the registration threshold should have been re-registered when its adjusted turnover exceeded the threshold – Appeal allowed in part

Citations:

[2009] UKVAT V20907

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 23 July 2022; Ref: scu.301715

HM Revenue and Customs v David Baxendale Ltd: ChD 5 Feb 2009

The taxpayer provided slimming schemes in two parts, counselling support and supplies of dietary products. The parties disputed the treatement of the services for VAT purposes. The revenue argued there was one service, and the taxpayer that there were two.

Judges:

Morgan J

Citations:

[2009] EWHC 162 (Ch), [2009] STI 508, [2009] STC 825, [2009] BTC 5115, [2009] BVC 115

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At FTTTx – David Baxendale Ltd v Revenue and Customs VDT 30-Jul-2008
VDT VAT – Supply of services – Whether supplied for consideration – Dietary foodpacks supplied together with counselling support, payment made for foodpacks – Whether consideration given for counselling support – . .

Cited by:

At ChD – David Baxendale Ltd v Revenue and Customs CA 31-Jul-2009
The court was asked as to the correct VAT treatment to be applied to the sale to members of the public of what is described as the LighterLife weight loss programme. The taxpayer appealed against a finding that services of dietary products and . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 22 July 2022; Ref: scu.280447

Stichting Centraal Begeleidingsorgaan Voor De Intercollegiale Toetsing v Staatssecretaris van Financien: ECJ 9 Oct 2008

ECJ (Opinion) VAT – Exemptions for activities in the public interest – Exemption for services supplied to members by groups of persons whose activities are exempt Whether applicable to services provided to members individually as well as to those provided to the members as a whole.

Citations:

C-407/07, [2008] EUECJ C-407/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Stichting Centraal Begeleidingsorgaan Voor De Intercollegiale Toetsing v Staatssecretaris van Financien ECJ 11-Dec-2008
Sixth VAT Directive Article 13A(1)(f) Exemptions Conditions Services supplied by independent groups Services supplied to one or several members of the group . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 19 July 2022; Ref: scu.276798

Company Registrations Online Ltd v Revenue and Customs: VDT 7 Aug 2008

VDT ASSESSMENT – best judgment – correctness of assessments accepted – challenge to the reasonableness of commissioners in raising an assessment – appeal dismissed.

Citations:

[2008] UKVAT V20765

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Van Boeckel v Customs and Excise Commissioners 1981
The court explained the meaning of the requirement that a tax assessment made by the Commissioners should be the ‘best of their judgment’: ‘the Tribunal should not treat an assessment as invalid merely because they disagree as to how the judgment . .
Cited – Pegasus Birds Ltd v Commissioners of HM Customs and Excise CA 27-Jul-2004
The taxpayer complained that the assessment imposed by the Commissioners was wholly unreasonable, and void. The tribunal had found the assessment wholly unreasonable, but the High Court had allowed the Commissioners’ appeal.
Held: There was no . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 19 July 2022; Ref: scu.273019

Rank Group Ltd v Revenue and Customs: VDT 19 Aug 2008

VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal neutrality infringed in law or in practice – Whether defence of due diligence by UK possible – Linneweber [2008] STC 1069 ECJ applied – EC 6th Directive (77/388/EEC) Art 13B(f) – VATA 1944 Sch 9, Grp 4, Item 1, Note (1)(d) and (3) – Interim decision.

Citations:

[2008] UKVAT V20777

Links:

Bailii

Statutes:

Gaming Act 1968

Jurisdiction:

England and Wales

Citing:

See Also – The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .

Cited by:

At VDT (2) – Revenue and Customs v The Rank Group ChD 8-Jun-2009
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference . .
At VDT (2) – The Rank Group Plc v Revenue and Customs FTTTx 11-Dec-2009
FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] . .
At VDT (2) – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At VDT (2) – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At VDT (2) – HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At VDT (2) – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At VDT (2) – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 19 July 2022; Ref: scu.273028

American Express Services Europe Ltd v Revenue and Customs: VDT 16 Jul 2008

VDT PLACE OF SUPPLY – UK company performing services for US parent – Services relating to real estate – Continuous supplies – Whether composite or separate – Management – Advice – Reporting – Found indivisible on facts – Whether all within Art 9.2(e) of Sixth Directive – No – Not within Art 9.2(a) – No dominant element directly connected to specific property – Under Art 9.1 place of supply UK – Appeal dismissed.

Citations:

[2008] UKVAT V20744

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272987

David Baxendale Ltd v Revenue and Customs: VDT 30 Jul 2008

VDT VAT – Supply of services – Whether supplied for consideration – Dietary foodpacks supplied together with counselling support, payment made for foodpacks – Whether consideration given for counselling support –
Held: yes.
VAT – Supply of goods and services – Whether single or multiple supply – Whether support service ancillary to zero-rated food supply – Effect of Talacre – Whether elements of supply physically and economically dissociable – Held multiple supply.

Citations:

[2008] UKVAT V20757

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At FTTTx – HM Revenue and Customs v David Baxendale Ltd ChD 5-Feb-2009
The taxpayer provided slimming schemes in two parts, counselling support and supplies of dietary products. The parties disputed the treatement of the services for VAT purposes. The revenue argued there was one service, and the taxpayer that there . .
At FTTTx – David Baxendale Ltd v Revenue and Customs CA 31-Jul-2009
The court was asked as to the correct VAT treatment to be applied to the sale to members of the public of what is described as the LighterLife weight loss programme. The taxpayer appealed against a finding that services of dietary products and . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 19 July 2022; Ref: scu.272993

The British Association for Shooting and Conservation Ltd v Revenue and Customs: VDT 10 Jul 2008

VDT VALUE ADDED TAX – exemptions – VATA 1994, s 31, Sch 9 Group 9 Item 1(e), Group 10 Item 3, VAT Directive art 132(1)(l), (m) – Appellant promoting shooting and conservation, and undertaking various other activities of public benefit – whether activities political, philanthropic or civic – yes, but only subsidiary aims of that character and test to be made by reference to principal aims – whether supplies ‘closely linked’ with sport – no – appeal dismissed.

Citations:

[2008] UKVAT V20739

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272990

Brydon v Revenue and Customs: VDT 14 Jul 2008

VDT Failure to register timeously: Penalty calculated on future turnover. Actual turnover less. Co-operation of Appellant, prompt accounting once problem recognised; HMRC allowed 50% of penalty mitigation. Decision to increase mitigation to 70%.

Citations:

[2008] UKVAT V20740

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272991

PTE Plc (T/A Physique) v Revenue and Customs: VDT 27 Jun 2008

VDT DEFAULT SURCHARGE – preliminary issue – first default charge notice defective – insufficient evidence – not defective – application of stagger – letter from customs unclear – appellant entitled to apply stagger even though pre-stagger return received – appeal allowed with costs.

Citations:

[2008] UKVAT V20722

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272974

Balmoral Ltd v Revenue and Customs: VDT 14 May 2008

VALUE ADDED TAX . . input tax – right to deduct – dealer in mobile phones – credit claimed by reference to invalid VAT invoices, lacking supplier’s VAT registration number – whether Commissioners right to refuse to exercise discretion in trader’s favour – VAT Regs 1995, reg 29(2), Statement of Practice – no other evidence of supply produced – discretion properly exercised – appeal dismissed

Citations:

[2008] UKVAT V20677

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272921

Community Housing Association Ltd v Revenue and Customs: VDT 10 Jun 2008

VDT Value added tax – input tax – Registered social landlord transfers its development project to a wholly-owned subsidiary – Whether able to reclaim input tax in respect of professional services commissioned before transfer – Regulation 109 VAT Regulations 1995 – Whether change of intention – No.

Citations:

[2008] UKVAT V20712

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272960

Cowie v Revenue and Customs: VDT 24 Jun 2008

VDT VAT ASSESSMENT – disputed input tax claim and under-declaration of output tax – input tax claim not supported by a valid VAT invoice – assessing officer performed a weighted mark up exercise to calculate the undeclared output tax – the exercise used figures taken from the Appellant’s records – the exercise produced a rational outcome which was not challenged by the Appellant – assessment upheld -Appeal dismissed.

Citations:

[2008] UKVAT V20716

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272961

New Railway Bar v Revenue and Customs: VDT 14 May 2008

VALUE ADDED TAX – assessment based on mark-up of purchase prices – whether mark-up calculations fair and reasonable – Appellants producing no evidence supporting alternative approach – assessment to Commissioners’ best judgment – appeal dismissed

Citations:

[2008] UKVAT V20680

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272939

The Worship Company of Paint-Stainers v Revenue and Customs: VDT 6 May 2008

VDT EXEMPTION – whether City Livery Company could include the objects of its associated charities in its objects for the purpose of determining whether its membership subscription income was exempt under item 1(e), Group 9, Schedule 9, VAT Act 1994 – no – whether the objects of the Appellant viewed alone were in the public domain – no – whether they were of a patriotic, philanthropic or civic nature – no – appeal dismissed.

Citations:

[2008] UKVAT V20668

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272953

Jeanfield Swifts Football Club v Revenue and Customs: VDT 22 May 2008

VDT ZERO RATING – whether Appellant constructing a new building was a charity; meaning of charitable purpose in Scotland; whether building a village hall or similar; whether predominant purpose of the Appellant was provision of taxable supplies; VATA 1994 Schedule 8 Group 5 item 2; section 94(2)

Citations:

[2008] UKVAT V20689

Links:

Bailii

VAT

Updated: 19 July 2022; Ref: scu.272933

The Camping and Caravanning Club v Revenue and Customs: VDT 14 May 2008

VAT – EXEMPT SUPPLIES – Camping and Caravanning Club – whether an organisation with aims of philanthropic nature – real aim providing camping opportunities and membership services and having highly satisfied members – did not connote an aim or object of promoting the well-being of mankind by serving ones fellow men – aims not philanthropic – Appeal dismissed

Citations:

[2008] UKVAT V20679

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 19 July 2022; Ref: scu.272926

Procter and Gamble UK v Revenue and Customs (Including Supplemental Judgment): ChD 4 Jul 2008

Whether Regular Pringles are standard-rated as being within the words ‘potato crisps, potato sticks, potato puffs and similar products made from the potato, or from potato flour, or from potato starch’ in excepted item 5 of Group 1 of Schedule 8 to the VAT Act 1994.
Held: They were not potato products and were zero-rated for VAT.

Judges:

Warren J

Citations:

[2008] EWHC 1558 (Ch), Times 18-Jul-2008

Links:

Bailii

Statutes:

Value Added Tax Act 1994

Jurisdiction:

England and Wales

Citing:

Appeal from – Procter and Gamble (Uk) v Revenue and Customs VDT 25-Jun-2007
VDT ZERO-RATING – food – Excepted item 5 of Group 1 of Schedule 8 to the VAT Act 1994 – whether Pringles are similar to potato crisps – yes – whether they are made from the potato, potato flour or potato starch – . .

Cited by:

Appeal from – Revenue and Customs v Procter and Gamble UK CA 20-May-2009
The court was asked whether Pringles are ‘similar to potato crisps and made from the potato?’ Toulson LJ discussed the need for appellate courts to respect the special knowledge of tribunals: ‘Where a Tribunal has taken into account all relevant . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 17 July 2022; Ref: scu.270632

Vald Birn (UK) Ltd v Revenue and Customs: VDT 1 Apr 2008

VAT – DEFAULT SURCHARGE – Appellant ceased trading – Managing director responsible for the VAT administration – unable to solicit help from former employees – a large surcharge in excess of pounds 50,000 – a prudent business person would have anticipated and dealt with the problems experienced by the Appellant – the large surcharge arose from the Appellant’s persistent failure to comply with the deadlines – no reasonable excuse – Appeal dismissed.

Citations:

[2008] UKVAT V20638

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 14 July 2022; Ref: scu.267513

Pegasus Communications (UK) Ltd v Revenue and Customs: VDT 28 Jan 2008

Appeal against a decision of the Respondents with respect to surcharge assessments in the sums of andpound;3105.61, andpound;2218.89 and andpound;658.87 and being a reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986.
Held: Dismissed as to two appeals but allowed as to the third.

Citations:

[2008] UKVAT V20556

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 13 July 2022; Ref: scu.264550

Koninklijke Ahold v Staatssecretaris van Financi: ECJ 24 Jan 2008

(Opinion) The court considered the application of rounding procedures to VAT. Two issues arose: whether rounding was to be applied on a per item or per receipt basis and whether the matter was governed by national or Uuropean laws.
Held: There were no express rules governing this in European legislation, and therefore the matter was one for national governments. However a national rule which allowed rounding down on a per item basis was inconsistent with European law.

Citations:

C-484/06, [2008] EUECJ C-484/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Koninklijke Ahold v Staatssecretaris van Financi ECJ 10-Jul-2008
ECJ Reference for a preliminary ruling First and Sixth VAT directives – Principles of fiscal neutrality and proportionality – Rules concerning rounding of amounts of VAT Rounding down per item . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 13 July 2022; Ref: scu.264001

HM Revenue and Customs v Weight Watchers (UK) Ltd: ChD 21 Jan 2008

The court was asked whether the weight-watchers program which included attendance at a course and a supply of supporting materials was one single standard-rated supply or separate supplies of zero-rated printed materials and standard-rated support services.
Held: The court asked whether if the tribunal was mistaken as to the law the court should overrule the decision and said that as a specialist tribunal the court should be circumspect before making the decision itself. That degree of caution was not as high as the Edwards v Bairstow question.
The issue was whether the materials are so closely linked to the services provided at the Meetings that they form objectively a single indivisible supply which it would be artificial to split. There were mixed supplies both at the first meeting and thereafter. The Tribunal in the present case had applied the correct legal test to the primary facts found by them. The appeal was dismissed as regards the first meeting’s materials. As to later materials it would be artificial to split them from the meetings at which they were used, and the tax payers appeal succeeded in this respect.

Judges:

Morgan J

Citations:

[2008] EWHC 53 (Ch), [2008] BVC 254, [2008] BTC 5129, [2008] STC 301, [2008] STI 180

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – College of Estate Management v Customs and Excise HL 20-Oct-2005
The college supplied educational services by distance learning. The commissioner sought to argue that printe daterials supplied with the course were ancillary and did not have the same exemption form VAT.
Held: The supplies did benefit from . .
Cited – Faaborg-Gelting Linien v Finanzamt Flensburg ECJ 2-May-1996
A non-takeaway restaurant is a supply of services, and a ferry supply was made from its place of business. The supply of prepared food and drink at a restaurant resulted from a whole series of services (including the preparation and service of the . .
Cited – Levob Verzekeringen and Ov Bank v Staatssecretaris van Financien ECJ 27-Oct-2005
ECJ Sixth VAT Directive – Articles 2, 5, 6 and 9 – Transfer of software recorded on a carrier – Subsequent customisation of the software to the purchaser-?s specific requirements – Single taxable supply – Supply . .
Cited – Card Protection Plan Ltd v Commissioners of Customs and Excise ECJ 25-Feb-1999
A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European . .
Cited – Beynon and Partners v Customs and Excise HL 25-Nov-2004
The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Cooke v Secretary of State for Social Security CA 25-Apr-2001
Although production of a new medical report, or of a new medical opinion, could evidence a relevant change of circumstances, to support the claim that the threshold had been reached so as to allow a review of a decision to grant benefits, it did not . .
Cited – Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading CA 8-May-2002
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
Cited – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Cited – Able (UK) Ltd v Revenue and Customs CA 22-Nov-2007
The taxpayer company had received compensation for having been excluded from its business premises for a period until a compulsory purchase process failed. It treated the receipt as capital. The revenue said it was income.
Held: The court . .
Lists of cited by and citing cases may be incomplete.

VAT, Litigation Practice

Updated: 12 July 2022; Ref: scu.263803

Goldstar Distribution Ltd v Revenue and Customs: VDT 23 Nov 2007

REGISTRATION – Refusal – Mobile telephones – Sale by unregistered trader stated to be ‘subject to a valid VAT number’ – Payment made by customer and delivery taking place without any VAT number – Amount paid well above VAT threshold – Whether a supply by trader of the mobile phones – yes – Whether trader should have been registered – Yes – Appeal allowed – VAT Act 1994 Schedule 1 para 1

Citations:

[2007] UKVAT V20467

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 12 July 2022; Ref: scu.262548

Parle Skip Hire Ltd v Revenue and Customs: VDT 23 Nov 2007

Value Added Tax – Default Surcharge – Delay occasioned by bad debts constituting 12% of the Appellant’s turnover for the relevant VAT period in which there was also a seasonal down-turn in business and a strain on cash-flow through business expansion – Appeal Dismissed

Citations:

[2007] UKVAT V20465

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 12 July 2022; Ref: scu.262562

Cuthbert v Revenue and Customs: VDT 23 Nov 2007

VALUE ADDED TAX – Place of supply of services – Recipient in Japan – Whether Appellants’ services were consultancy services – Yes – Appeal allowed – VATA 1994 s.7(10) and (11) and Sch 5 section 8 para 3; VAT (Place of Supply of Services) Order 1992 SI 1992/3121 Art 6

Citations:

[2007] UKVAT V20466

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 12 July 2022; Ref: scu.262535

Aardvark Excavations Ltd v Revenue and Customs: VDT 23 Nov 2007

VAT – default surcharge – reasonable excuse – effect of reasonable excuse for an earlier unappealed surcharge on the amount of a surcharge assessment under appeal – whether section 59(7) and (8) prevents a tribunal from considering defaults other than the one directly occasioning the surcharge assessment under appeal or one within Section 59(8)(b) as regards the appealed surcharge- held: earlier defaults could be considered – appeal allowed in part.

Citations:

[2007] UKVAT V20468

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 12 July 2022; Ref: scu.262520

Care@Ltd v Revenue and Customs: VDT 21 Aug 2007

VDT VALUE ADDED TAX – franchised supply of nursing staff and unqualified staff – whether supply of staff or services – supply of staff – whether supply of unqualified staff amounts to ‘welfare services’ under Group 7 Schedule 9 item 9 (b) – no – case dismissed

Citations:

[2007] UKVAT V20316

Links:

Bailii

VAT

Updated: 12 July 2022; Ref: scu.262410

Securenta Gottinger Immobilienanlagen und Vermogensmanagement AG / legal successor of Gottinger Vermogensanlagen AG v Finanzamt Gottingen: ECJ 11 Dec 2007

ECJ Taxation – VAT Council Directive 77/388/EEC Deduction of input tax Expenditure connected with the issue of shares and atypical silent partnerships Apportionment of the input tax between economic and non-economic activity.

Citations:

C-437/06, [2007] EUECJ C-437/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Securenta Gottinger Immobilienanlagen und Vermogensmanagement AG / legal successor of Gottinger Vermogensanlagen AG v Finanzamt Gottingen ECJ 13-Mar-2008
ECJ Sixth VAT Directive Taxable person simultaneously carrying out economic activities, taxable or exempt, and non-economic activities Right to deduct input VAT Expenditure connected with the issue of shares and . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 12 July 2022; Ref: scu.262101

Uddin and Another v Revenue and Customs: VDT 5 Jul 2007

VDT VALUE ADDED TAX – restaurant – alleged suppression of takings – observations by HMRC officers – whether conclusions made from observations reasonable – yes – no evidence to undermine assessments – appeal dismissed.
PENALTY – dishonest evasion – whether dishonesty established – no other explanation of conduct offered – appeal dismissed

Citations:

[2007] UKVAT V20239

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 11 July 2022; Ref: scu.259035

Hutchison 3G And Others (Taxation): ECJ 26 Jun 2007

ECJ Sixth VAT Directive Taxable transactions Definition of ‘economic activity’ Article 4(2) Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services.

Citations:

Times 03-Jul-2007, C-369/04, [2007] EUECJ C-369/04, [2006] EUECJ C-369/04

Links:

Bailii, Bailii

European, VAT

Updated: 11 July 2022; Ref: scu.254397