VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

In Colin and Susan Slaymark v HMRC [2020] TC7709, the First Tier Tribunal (FTT) found that input tax on a commercial property where the occupants had no obligation to pay rent should be disallowed.

In HMRC v Northumbria Healthcare NHS Foundation Trust [2020] EWCA Civ 874, the Trust was able to fully recover VAT on cars supplied to its employees under a salary sacrifice scheme, whilst also not charging VAT on the leases. It was deemed not to be carrying out an economic exercise.

In Mandarin Consulting Limited v HMRC [2020] TC07714, a career coaching service to Chinese students was found to be a supply of consultancy services and not of education. The place of the supply for VAT turned on whether the supply was made to students staying in the UK or their parents in China.

In HMRC v Thorsteinn Gardarsson [2020] UKUT 0099, an appeal as to whether a day planner was a book or stationery has been remitted back to the First Tier Tribunal (FTT) to be remade. The FTT applied the wrong tests.

In Premspec Group Ltd v HMRC [2019] TC01374, there was no disallowance of unpaid input VAT under the six-month rule for invoiced supplies between related companies. The relevant consideration was found to be payable later than the date of supply.

Revenue & Customs Brief 5 (2020): VAT treatment on fixed-odds betting terminals (FOBTs) and gaming machines, explains HMRC’s position following the joint decision of the Upper Tribunal on 15 April 2020 of The Rank Group Ltd UT/2018/0149 and Done Brothers (Cash Betting) Ltd (and others) UT/2018/0150.

In HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 0132 (TCC), the Upper Tribunal (UT) rejected a claim for the input VAT attribution of opera production costs to the taxable supply of catering and ice-cream to visitors. There were two separate supplies and the supply of opera was not a direct cost component of the supply of catering.

 

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