In Innovative Bites Limited v HMRC [2022] TC08605, the First Tier Tribunal (FTT) found that ‘Mega Marshmallows’ were not confectionery and so were zero-rated for VAT purposes.
VAT Cases & News
Summaries of interesting VAT cases for the SME owner.
In Hedge Fund Investment Management Limited v HMRC [2022] TC8596, the First Tier Tribunal (FTT) quashed penalties as it found that the taxpayer had an intention to trade and was able to reclaim input VAT to the extent that it could be established that it related to future taxable supplies.
In Jagvinder Takhar t/a Golden Fry v HMRC [2022] TC08593, the First Tier Tribunal (FTT) upheld HMRC’s VAT assessment and penalties for late registration as the unrepresented taxpayer had not satisfied HMRC that they were below the VAT registration limits.
In Majid and Miah Properties v HMRC [2022] TC08588, the First Tier Tribunal (FTT) found a property letting partnership could not recover input VAT on the majority of incorrectly addressed purchase invoices.
In Nottingham Forest Football Club Limited v HMRC [2022] TC8577, the taxpayer failed to meet their burden of proof to displace a VAT assessment allowing the First Tier Tribunal (FTT) to use information provided over a year prior to the assessment that was sufficient for HMRC to identify a tax shortfall.
In E-zec Medical Transport Services Limited v HMRC [2022] TC08574, the First Tier Tribunal (FTT) found that the supply of non-emergency ambulance transport services was zero-rated for VAT purposes. This overrode VAT exemption and allowed the recovery of input VAT.
In Star Services Oxford Limited v HMRC [2022] TC08573 the First Tier Tribunal (FTT) dismissed a claim for input tax on rents paid by a company where the lease agreement was in the name of the sole trader. There was no supply to the company and the invoices were in the name of the individual.
- Prison healthcare services a single composite supply for VAT
- VAT repayment had no legal basis
- Invalid invoices prevent VAT recovery
- UT: FTT VAT decision flawed
- UT confirms football pitch hire was an exempt composite supply
- Revenue & Customs Brief 10 (2022): VAT - business and non-business activities