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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

VAT direct debit does not change VAT due date

Last Updated: 15 June 2023

In WWM Rose & Sons Ltd v HMRC [2022] TC08830, the First Tier Tribunal (FTT) dismissed an appeal against a VAT surcharge for late payment. An agreement to pay by direct debit payment did not change the statutory VAT due date. Time To Pay must be agreed before the due date.

Read more …

DIY housebuilder secures extra VAT refunds

Last Updated: 01 June 2023

In Steven James Mort v HMRC [2023] TC 8801, the First Tier Tribunal (FTT) partially allowed an appeal under the VAT DIY Housebuilders scheme, finding that items for which HMRC had disallowed a refund on the basis that they should have been zero-rated, had been correctly standard-rated, meaning a refund was due.

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Italian place of supply for €4 million football transfer fee

Last Updated: 04 May 2023

In Sports Invest UK Limited v HMRC [2023] TC08797, the First Tier Tribunal (FTT) dismissed HMRC's claim that commission paid to the appellant by Inter Milan was subject to UK VAT, as a supply of services to a footballer. The services were supplied to Inter Milan and the place of supply was Italy, not the UK.

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Agricultural show entry exempt from VAT

Last Updated: 04 May 2023

In Yorkshire Agricultural Society v HMRC [2023] TC08803, the First Tier Tribunal (FTT) found that entry fees to an annual agricultural show were exempt from VAT and HMRC had raised a VAT assessment out of time.

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R&C Brief 5 (2023): VAT on medical services carried out by supervised pharmacy staff

Last Updated: 04 May 2023

HMRC have published Revenue and Customs Brief 5 (2023): ‘Change to the VAT treatment of medical services carried out by non-registered staff directly supervised by pharmacists’, which explains the amended rules which apply from 1 May 2023.

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Robson-Kanu's zero-rated turmeric shots not consumed for pleasure

Last Updated: 11 July 2023

In Innate-Essence Limited (t/a The Turmeric Co) v HMRC [2022] TC08792, the First Tier Tribunal (FTT) agreed with the appellant that turmeric shots were a food item and not a beverage, allowing them to benefit from zero-rating.

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HMRC correct to treat OTT as valid

Last Updated: 26 April 2023

In Rolldeen Estates Limited v HMRC [2023] TC08783, the First Tier Tribunal (FTT) found that a company which claimed its Option To Tax (OTT) on a property was invalid had no right of appeal against HMRC’s decision to treat the OTT as validly exercised.

Read more …

  1. Option to tax not disapplied, seller was not a developer
  2. VAT due on services invoiced after supplier leaves group
  3. Kids' driving experiences not like a funfair for VAT
  4. Revenue and Customs Brief 3 (2023): Changes to VAT treatment of local authority leisure services
  5. Revenue and Customs Brief 2 (2023): VAT and value shifting consultation update
  6. College training restaurant's supplies VAT exempt

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