In ITH Comercial Timişoara (ITH) VAT case C-734/19, the European Court of Justice (CJEU) ruled that the right to deduct input VAT on goods and services acquired with a view to carrying out taxable operations is maintained when a project is abandoned due to circumstances beyond the control of the taxable person.
VAT Cases & News
Summaries of interesting VAT cases for the SME owner.
In Weindel Logistik Service (Weindel) VAT case C-621/19, the European Court of Justice (CJEU) ruled that there is no right to deduct import VAT if the importer of record is not the owner of the goods.
In Kaplan International Colleges UK Ltd (KIC) v HMRC (C 77/19), the European Court of Justice (CJEU) ruled that HMRC was correct to deny a cost-sharing exemption to its subsidiary in Hong Kong.
In Safestore Ltd v HMRC [2020] UKUT 322, the Upper Tribunal (UT) confirmed Safestore acted as an insurance principal when selling products for its Guernsey business.
In Dougs Maintenance Services Limited v HMRC [2020] TC07941, the FTT found that a delay by the appellant's bank in processing the payment did not constitute reasonable excuse for an appeal against a default surcharge penalty.
In Kang & Mand Limited v HMRC [2020] TC07945, the First Tier Tribunal (FTT) upheld HMRC’s assessment of overclaimed input tax following VAT being incorrectly charged on an exempt supply.
Revenue & Customs Brief 21 (2020): 'Withdrawal of the VAT Retail Export Scheme and the tax-free shopping concession' confirms the withdrawal of 'airside' tax-free shopping and the Retail Export Scheme on 1 January 2021.
- R & C Brief 20 (2020): Repayment of VAT to overseas businesses not established in the EU and not VAT registered in the UK
- Holding company was trading for VAT purposes
- Subway franchisee under-declared output VAT
- R & C Brief 19 (2020): Repeal of the VAT (Treatment of Transactions) Order 1992
- Supply of football and netball pitches exempt from VAT
- Meal replacement juices are zero-rated food