In Derby Quad Limited v HMRC [2023] TC08972, the First Tier Tribunal (FTT) rejected Derby Quad’s argument that their live screenings of plays were the same as attending the performance in person. As a result, the entrance fee was standard-rated.
VAT Cases & News
Summaries of interesting VAT cases for the SME owner.
In Piramal Healthcare UK Limited v HMRC [2023] TC08966, the First Tier Tribunal (FTT) found that a company importing pharmaceutical goods to the UK could not recover the associated import VAT. The goods had not been used as a cost component in an onward supply.
In JPMorgan Chase Bank NA v HMRC [2023] TC8957, the First Tier Tribunal (FTT) found that support and business services supplies were one single supply not qualifying as exempt from VAT. The intra-group supply exemption was disapplied due to elements coming from overseas, meaning all elements had to be standard-rated.
In Dollar Financial UK Ltd v HMRC [2023] UKUT 00256, the Upper Tribunal (UT) found that the First Tier Tribunal (FTT) was correct to strike out an appeal seeking to backdate membership of a VAT group. No valid application had been made and there was no appealable decision.
In United Biscuits (UK) Ltd v HMRC [2023] TC8941, the First Tier Tribunal (FTT) agreed with HMRC that 'Blissfuls' biscuits were partly covered by chocolate making them standard-rated for VAT.
In MJL Contracts Ltd v HMRC [2023] UKUT 254, the Upper Tribunal (UT) found that there was no additional requirement placed on HMRC to make an assessment before imposing a surcharge penalty for non-payment of VAT.
HMRC have published Revenue and Customs Brief 7 (2023) ‘Change to the VAT treatment of drugs and medicines supplied under patient group directions’. This sets out a temporary zero rating for VAT.