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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

Post-Brexit VAT MOSS: February deadline

Last Updated: 21 January 2021

UK VAT registered business supplying B2C digital services in the EU have until 10 February 2021 to register under the EU non-union MOSS scheme for January 2021 supplies. 

Read more …

VAT assessments invalid: HMRC failed to exercise discretion

Last Updated: 26 January 2021

In Harry Edebiri (t/a TT Trading) v HMRC [2020] TC07988, the First Tier Tribunal (FTT) set aside VAT assessments totalling £16,600 as HMRC had failed to exercise their discretion to allow alternative evidence to support input VAT claims.

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Consultation: VAT and value shifting

Last Updated: 06 January 2021

HMRC have opened a new consultation 'VAT and value shifting' inviting views on a proposed revision to the rules for apportioning consideration between supplies with mixed liabilities in a single transaction. 

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VAT penalty for cash accounting dismissed

Last Updated: 07 January 2021

In Michael Robinson v HMRC [2020] TC7951, First Tier Tribunal (FTT) dismissed the penalties on Mr Robinson for his continued use of cash accounting basis after the withdrawal of cash basis on the grounds that this was not a deliberate behaviour.  

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R & C Brief 1 (2021): The introduction of the zero rate of VAT for Women’s Sanitary Products

Last Updated: 06 January 2021

Revenue & Customs Brief 1 (2021): 'The introduction of the zero rate of VAT for Women’s Sanitary Products' confirms that from 1 January 2021 women's sanitary products will be zero-rated.

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ECJ allows input VAT for goods/services on abandoned projects

Last Updated: 14 January 2021

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.

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No VAT deduction if importer not owner

Last Updated: 14 January 2021

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.

Read more …

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