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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

Input VAT claimable on fund-raising share sale

Last Updated: 06 September 2023

In HMRC v Hotel La Tour Ltd [2023] UKUT 178, the Upper Tribunal (UT) agreed with the First Tier Tribunal (FTT) that Input VAT can be reclaimed on professional services fees incurred during a share sale, where the ultimate economic purpose was fundraising.

Read more …

Cosmetic treatments standard rated for VAT

Last Updated: 05 July 2023

In Illuminate Skin Clinics Ltd v HMRC [2023] TC08846, the First Tier Tribunal (FTT) found that supplies of aesthetic, skincare and wellness treatments were standard rated for VAT as they did not constitute medical care. 

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R&C Brief 6 (2023): VAT liability of digital publications

Last Updated: 15 June 2023

HMRC have published 'Revenue and Customs Brief 6 (2023): VAT liability of digital publications — Supreme Court decision in News Corp and Ireland Ltd' which gives an update on the VAT treatment of supplies of digital newspapers and other digital publications before 1 May 2020. 

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VAT direct debit does not change VAT due date

Last Updated: 15 June 2023

In WWM Rose & Sons Ltd v HMRC [2022] TC08830, the First Tier Tribunal (FTT) dismissed an appeal against a VAT surcharge for late payment. An agreement to pay by direct debit payment did not change the statutory VAT due date. Time To Pay must be agreed before the due date.

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DIY housebuilder secures extra VAT refunds

Last Updated: 01 June 2023

In Steven James Mort v HMRC [2023] TC 8801, the First Tier Tribunal (FTT) partially allowed an appeal under the VAT DIY Housebuilders scheme, finding that items for which HMRC had disallowed a refund on the basis that they should have been zero-rated, had been correctly standard-rated, meaning a refund was due.

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Italian place of supply for €4 million football transfer fee

Last Updated: 04 May 2023

In Sports Invest UK Limited v HMRC [2023] TC08797, the First Tier Tribunal (FTT) dismissed HMRC's claim that commission paid to the appellant by Inter Milan was subject to UK VAT, as a supply of services to a footballer. The services were supplied to Inter Milan and the place of supply was Italy, not the UK.

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Agricultural show entry exempt from VAT

Last Updated: 04 May 2023

In Yorkshire Agricultural Society v HMRC [2023] TC08803, the First Tier Tribunal (FTT) found that entry fees to an annual agricultural show were exempt from VAT and HMRC had raised a VAT assessment out of time.

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  1. R&C Brief 5 (2023): VAT on medical services carried out by supervised pharmacy staff
  2. Robson-Kanu's zero-rated turmeric shots not consumed for pleasure
  3. HMRC correct to treat OTT as valid
  4. Option to tax not disapplied, seller was not a developer
  5. VAT due on services invoiced after supplier leaves group
  6. Kids' driving experiences not like a funfair for VAT

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