Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23
‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’
WLR Daily, 23rd Janaury 2014
Source: www.iclr.co.uk
Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH (Case C-300/12); [2014] WLR (D) 8
‘Under the provisions of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member states relating to turnover taxes—common system of value added tax: uniform basis of assessment, the principles laid down by the Court of Justice in Elida Gibbs v Customs and Excise Comrs (Case C-317/94) [1997] QB 499 concerning the determination of the taxable amount of the VAT did not apply when a travel agent, acting as an intermediary, granted to the final consumer, on the travel agent’s own initiative and at his own expense, a price reduction on the principal service provided by the tour operator.’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
‘A dental payment plan provided to patients amounts to a “service for a consideration” for VAT purposes, but also falls within the payment services exemption under the VAT Directive, the First-Tier Tax Tribunal has ruled.’
OUT-LAW.com, 6th December 2013
Source: www.out-law.com
Dixons Retail plc v Revenue and Customs Commissioners: (Case C-494/12); [2013] WLR (D) 448
‘Pursuant to articles 2(1), 5(1) and 11A(1)(a) of Sixth Council Directive 77/388/EEC and articles 2(1)(a), 14(1) and 73 of Council Directive 2006/112/EC, the physical transfer of goods to a purchaser who had fraudulently used a bank card as a means of payment constituted a “supply of goods” within the meaning of articles 2(1) and 5(1) of Directive 77/388 and articles 2(1)(a) and 14(1) of Directive 2006/112 and, in the context of such a transfer, the payment made by a third party, under an agreement concluded between it and the supplier of those goods by which the third party undertook to pay the supplier for the goods sold by the latter to purchasers using such a card as a means of payment, constituted “consideration” within the meaning of article 11A(1)(a) of Directive 77/388 and article 73 of Directive 2006/112.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
“Two devoutly religious beekeepers who reject modern technology have won the right not to fill in their VAT returns online after claiming it breached their human rights.”
The Independent, 21st October 2013
Source: www.independent.co.uk
Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347
“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
“Anish Anand, Amit Kumar, Sanjeev Mirajkar and Afsana Karim have today been sentenced at Croydon Crown Court for cheating the public revenue of more than £5m.”
Crown Prosecution Service, 22nd July 2013
Source: www.cps.gov.uk
“If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or closing avenues of review, or providing a deus ex machina ‘get out of jail free’ card – or so a perusal of two recent decisions of the Supreme Court might have us believe.”
UK Constitutional Law Group 21st May 2013
Source: www.ukconstitutionallaw.org
Supreme Court, 1st May 2013
“The scope of the cause of action in the law of restitution to recover tax which has been unlawfully exacted should be confined to those who themselves paid the sums to a public authority in response to an apparent statutory requirement to do so.”
WLR Daily, 26th March 2013
Source: www.iclr.co.uk
“Five fraudsters who pretended to be making a Hollywood blockbuster as part of a £2.8m VAT and film tax credits scam have been jailed.”
The Guardian, 25th March 2013
Source: www.guardian.co.uk
Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186; [2013] WLR (D) 105
“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”
WLR Daily, 13th March 2013
Source: www.iclr.co.uk
“A convicted fraudster has been sentenced to an extra 10 years in jail after failing to repay £14m in taxes.”
BBC News, 2nd March 2013
Source: www.bbc.co.uk
“A London silk sentenced today to three and a half years in prison after being convicted of a £600,000 VAT fraud says he will fight to clear his name.”
Law Society’s Gazette,
Source: www.lawgazette.co.uk
“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”
OUT-LAW.com, 22nd February 2013
Source: www.out-law.com
Businesses will be given more freedom to compare the price of their products to those of rivals under changes made to the UK’s advertising rules.
OUT-LAW.com, 20th February 2013
Source: www.out-law.com
“A freight distribution manager who hid more than 14 million cigarettes in refrigerated lorries carrying fruit and vegetables, to evade an estimated £2.5 million in duty and VAT, has been jailed, according to HM Revenue and Customs (HMRC).”
The Independent, 2nd November 2012
Source: www.independent.co.uk
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