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The Atrium Club Ltd v Revenue and Customs: VDT 21 Jan 2009

EXEMPT SUPPLY – Sporting services – Eligible body – Proprietary fitness club – Supplies of sporting services to members – Percentage of turnover paid to Appellant as licence fee – Licence fee assessed to tax on supplies to members – Whether supplies made by Appellant and not by proprietary club – No – Sixth EC Directive Art 13A.1(m)
ABUSIVE PRACTICE – Halifax principle – Adoption of scheme to make supplier of sporting services an eligible body – Whether abusive practice -No, because scheme failed to avoid tax anyway – Whether in any event transactions could be redefined to support assessment – No – Appeal allowed

Citations:

[2009] UKVAT V20933

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 13 July 2022; Ref: scu.301712

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