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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

Direct link between consideration and supply

Last Updated: 01 April 2021

In Imprimatur Capital Holdings Ltd T vs HMRC [2021] TC08006, the First Tier Tribunal (FTT) concluded that only the services to third-party clients were made for consideration, therefore amounted to an economic activity and entitled to input tax recovery on those services.

Read more …

No VAT on transit goods Spain-bound

Last Updated: 01 April 2021

In Jota Jota Alimentos Global SL (‘Jota’) v HMRC [2021] TC06584, the First Tier Tribunal (FTT) concluded that goods imported for subsequent despatch to Spain were not supplied in the UK.

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HMRC loses Cowdenbeath Taxi case after contradictory arguments

Last Updated: 08 April 2021

In Cowdenbeath Taxi Services Limited v HMRC [2021] UKFTT 43 TC/2018/01656, the First Tier Tribunal (FTT) concluded VAT was not due on services between the companies and the Error Correction Notice submitted was sufficient to make a claim for the repayment of VAT.

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R & C Brief 3 (2021): VAT liability of digital publications update

Last Updated: 18 March 2021

Revenue & Customs Brief 3 (2021): 'VAT liability of digital publications – update on litigation in News Corp and Ireland Ltd' provides an update on the VAT treatment of supplies of digital newspapers and other digital publications prior to 1 May 2020.

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Overseas university's services outside scope of VAT

Last Updated: 22 September 2022

In St George’s University v HMRC [2021] TC 07999, the First Tier Tribunal (FTT) ruled that the place of supply of educational services by a West Indies' university based overseas, which were undertaken in the UK, was based in West Indies and therefore outside the scope of VAT.

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Court of Appeal confirms CASC not a charity for VAT

Last Updated: 03 March 2021

In Eynsham Cricket Club v HMRC [2021] EWCA Civ 225, the Court of Appeal confirmed that a Community Amateur Sports Club (CASC) is not the same as a charity for VAT purposes.

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Deficiencies in invoices prevents VAT recovery

Last Updated: 16 March 2021

In Tower Bridge GP Ltd v HMRC [2021] UT30, a company did not have valid invoices to deduct input tax. There was evidence of fraud in the supply chain and HMRC declined to exercise its statutory discretion to allow alternative evidence.

Read more …

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