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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

Students' Union supplies not closely related to education

Last Updated: 05 November 2018

In Loughborough Students’ Union v HMRC [2018] UKUT 3434, the Upper Tribunal (UT) decided that sales of stationery, art materials and other items from student union shops were not exempt supplies closely related to education.

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VAT recoverable on failed takeover

Last Updated: 29 October 2018

In Ryanair Ltd v The Revenue Commissioners [2018] C-249/17, the CJEU ruled that VAT on consultancy fees relating to a failed takeover bid was recoverable as Ryanair intended to make taxable management services to the target.

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HP finance companies can recover VAT

Last Updated: 29 October 2018

In HMRC v Volkswagen Financial Services (UK) Ltd [2018] C-153/17, the Court of Justice of the European Union (CJEU) ruled that HMRC cannot treat VAT on costs as solely relating to exempt finance charges when a car is bought on HP.

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Green fees exempt: no commercial influence

Last Updated: 25 October 2018

In HMRC v Stoke By Nayland Golf and Leisure [2018] UKUT 308 (TCC), the Upper Tribunal (UT) found that a member’s golf club was not commercially influenced by the adjacent hotel. VAT exemption on green fees applied.

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No reverse charge for investment activities

Last Updated: 25 October 2018

In The Wellcome Trust Ltd v HMRC [2018] TC06761, the First-Tier Tribunal (FTT) concluded that the charity did not have to account for VAT under the reverse charge as the costs did not relate to an economic business activity.

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No welfare exemption for private business

Last Updated: 18 October 2018

In L I F E Services Limited v HMRC [2017] UKUT 484, the Upper Tribunal (UT) overturned the First-Tier Tribunal, finding that the welfare services provided by a private for-profit business which was not state-regulated could not be exempt.

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Cycle racks are qualifying adaptations for disabled

Last Updated: 18 October 2018

In Richard Baldwin Motorhomes v HMRC [2018] TC06725, the First-Tier Tribunal (FTT) concluded that cycle racks installed to the back of motor homes were qualifying adaptations for disabled persons when used to carry wheelchairs. 

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