In Kingsley Douglas v HMRC UKUT 0163, the Upper Tribunal (UT) dismissed the appeal against ‘best judgement’ VAT assessments upheld by the First Tier Tribunal (FTT). The UT found all the evidence had been properly taken into account by the FTT.
VAT Cases & News
Summaries of interesting VAT cases for the SME owner.
In Dollar Financial UK Ltd v HMRC [2021] TC8199, the First Tier Tribunal (FTT) struck out an appeal regarding the backdating of VAT Group membership. The legislation did not provide for backdating and there was no HMRC decision to appeal so the tribunal did not have jurisdiction.
HMRC have published a summary of responses to their consultation 'VAT and value shifting' which took place earlier this year.
In William Newman v HMRC [2021] TC08147, the First Tier Tribunal (FTT) struck out the taxpayer’s appeal against HMRC’s refusal to accept a late 'option to tax' notification.
In Daniel O'Doherty v HMRC [2021] TC08193, the First Tier Tribunal (FTT) rejected the appeal of a sole director of a company who was issued with a Personal Liability Notice (PLN) for the VAT penalties raised by HMRC on his company. He was unable to provide any evidence to show the underlying assessments were wrong.
In C-156/20 Zipvit Limited v HMRC, the EU Advocate General (AG), on referral from the Supreme Court, ruled that whilst the principle of a deduction for VAT existed even when no VAT had been charged, no deduction was possible without a VAT invoice.
In Colin Newell v HMRC [2021] TC08149, the First Tier Tribunal (FTT) found that the receipt of subsidy income by a biomass business did not restrict input VAT recovery.