In Treasures of Brazil Limited v HMRC [2024] TC09325, the First Tier Tribunal (FTT) found that a company had a legitimate expectation that it wasn't required to collect VAT while HMRC processed its VAT registration.
VAT Cases & News
Summaries of interesting VAT cases for the SME owner.
In Sandra Krywald v HMRC [2024] TC09312, the First Tier Tribunal (FTT) found that a taxpayer had a reasonable excuse for the late submission of VAT returns. She took reasonable care to avoid the failings of her advisers and HMRC.
In Brian Lawton v HMRC [2024] TC09309, the First Tier Tribunal (FTT) found that a taxpayer could not make two DIY housebuilder VAT repayment claims where a barn conversion was undertaken in two parts.
In Andrew Quay Hull LLP v HMRC [2024] TC09291 the appellants' three-year battle against a VAT penalty assessment four years after an Alternative Dispute Resolution (ADR) agreement was finally resolved.
In TalkTalk Telecom Limited v HMRC [2024] UKUT 00284, the Upper Tribunal (UT) found that supplies were not made on terms allowing a discount for prompt payment. VAT was chargeable on the invoiced amount.
In Ancient & Modern Jewellers Limited & Anor v HMRC [2024] TC9270, HMRC worked with the assistance of foreign tax authorities to assess £8.5m in VAT and penalties on a watch retailer. It used the VAT second-hand margin scheme to avoid tax on the sale of new imported watches.
Gregory Sewell v HMRC [2023] T9269 is a cautionary tale. A taxpayer's appeal against HMRC’s decision to refuse a VAT refund was not drafted in any way that allowed the FTT to review HMRC's decision. His lack of knowledge of the appeals process led to his appeal being denied.