Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD – WLR Daily

Posted March 10th, 2011 in EC law, law reports, VAT by sally

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75

“The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for motor vehicles, which the taxable dealer himself imported into the European Union under the normal value added tax scheme. Articles 320(1) and (2) of the Directive precluded a national provision which provided for the deferral, until the subsequent supply under the normal value added tax scheme, of the right of the taxable dealer to deduct value added tax paid on importation of goods other than works of art, collectors’ items or antiques. Article 314, the first subparagraph of article 320(1) and article 320(2) of the Directive were directly effective.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Standard Rate VAT Increase – The Bar Council

Posted December 13th, 2010 in news, VAT by sally

“On 4th January 2011 the standard rate of VAT will increase to 20%. This guide sets out key points of law which barristers and their clerks will need to be aware. It also responds to typical questions which the Bar Council has been asked, in order to show how the change will affect the administration of a barrister’s practice.”

The guide is available here (Word)

The Bar Council, 10th December 2010

Source: www.barcouncil.org.uk

ECJ says VAT should not be due on music industry samples – OUT-LAW.com

Posted October 4th, 2010 in news, VAT by sally

“UK VAT rules will have to change after the Court of Justice of the European Union (ECJ) ruled this week that record companies should not owe the tax on free albums sent to journalists, DJs and promoters.”

Full story

OUT-LAW.com, 4th October 2010

Source: www.out-law.com

Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same – WLR Daily

Posted May 17th, 2010 in appeals, fraud, law reports, tax evasion, VAT by sally

Mobilx Ltd ( in administration) v Revenue and Customs Commissioners; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and another v Same [2010] EWCA Civ 517; [2010] WLR (D) 124

“Where a trader had means of knowing that by his purchase he was participating in a transaction connected with fraudulent evasion of VAT he lost his right to deduct input tax but only when he knew or should have known that the transaction was connected to fraud. To lose his entitlement it was not sufficient that the taxpayer knew or should have known that it was more likely than not that his purchase was connected to fraud.”

WLR Daily, 14th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily

Posted May 13th, 2010 in appeals, confiscation, customs and excise, law reports, VAT by sally

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120

“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”

WLR Daily, 12th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Megtian Ltd (in administration) v Revenue and Customs Commissioners – WLR Daily

Posted January 20th, 2010 in fraud, law reports, tax evasion, VAT by sally

Megtian Ltd (in administration) v Revenue and Customs Commissioners [2010] EWHC 18 (Ch); [2010] WLR (D) 3

“The phrase ‘knew or ought to have known’ when applied for the purpose of identifying the state of a mind of a person who had participated in a transaction which was in fact connected with a fraud encompassed two different states of mind. A person who knew that a transaction was connected with fraudulent tax evasion was a participant in that fraud and had a dishonest state of mind; by contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”

WLR Daily, 19th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oxfam v Revenue and Customs Commissioners – WLR Daily

Posted December 2nd, 2009 in jurisdiction, law reports, tribunals, VAT by sally

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st December 2009

Source: www.lawreports.co.uk

 Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 11th, 2009 in abuse of process, customs and excise, law reports, VAT by sally

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”

WLR Daily, 10th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

No VAT charged for carbon trades as Government widens anti-carousel fraud battle – OUT-LAW.com

Posted August 3rd, 2009 in carbon dioxide emissions, EC law, emissions trading, fraud, news, VAT by sally

“Criminals have been using EU green schemes to commit VAT carousel fraud, the Government has said. It has put an end to the charging of VAT when carbon emissions are traded to stop the activity, it said.”

Full story

OUT-LAW.com, 3rd August 2009

Source: www.out-law.com

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd – Times Law Reports

Posted June 5th, 2009 in EC law, insurance, law reports, VAT by sally

InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd

Chancery Division

“Companies offering introductory services to channel would-be customers to insurers by electronic means and who received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from value-added tax.”

Times Law Reports, 5th June 2009

Source: www.timesonline.co.uk

Pringles too much like potato crisps to escape VAT, appeal court rules – The Times

Posted May 21st, 2009 in food, news, VAT by sally

“The taxman took a multimillion-pound bite out of Pringles today after winning a VAT legal battle.”

Full story

The Times, 20th May 2009

Source: www.timesonline.co.uk

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd – WLR Daily

Posted May 19th, 2009 in EC law, insurance, law reports, VAT by sally

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd [2009] EWHC 999 (Ch); [2009] WLR (D) 156

“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”

WLR Daily, 18th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayfair nightclub Annabel’s fined over tips system – The Times

Posted May 8th, 2009 in news, remuneration, VAT by sally

“A prestigious Mayfair nightclub lost a court battle with the taxman yesterday over a tips system that benefited customers and staff.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

Regina (TNT Post UK Ltd) v Revenue and Customs Commissioners (Royal Mail Group Ltd, interested party) Case C-357/07 – Times Law Reports

Posted April 27th, 2009 in law reports, postal service, VAT by sally

Regina (TNT Post UK Ltd) v Revenue and Customs Commissioners (Royal Mail Group Ltd, interested party)
Case C-357/07

Court of Justice of the European Communities

“The Royal Mail was exempt from value-added tax as a supplier of public postal services, except for supplies of goods or services whose terms had been individually negotiated.”

The Times, 27th April 2009

Source: www.timesonline.co.uk

Company may be left with VAT bill for unsold cars – OUT-LAW.com

Posted April 17th, 2009 in news, VAT by sally

“A court ruling has thrown into doubt a company’s right to reclaim VAT relating to goods that it later repossessed. The ruling could undermine the usefulness of businesses retaining the right to repossess goods they supply to other businesses.”

Full story

OUT-LAW.com, 16th April 2009

Source: www.out-law.com

JD Wetherspoon plc v Revenue and Customs Commissioners – WLR Daily

Posted March 9th, 2009 in law reports, VAT by sally

JD Wetherspoon plc v Revenue and Customs Commissioners (Case C-302/07); [2009] WLR(D) 84

“Traders who priced individual goods on a VAT-inclusive basis were not entitled to claim the same right to round down VAT for each transaction that was granted to traders who priced goods exclusive of VAT and added VAT at the moment of invoicing.”

WLR Daily, 6th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Marks & Spencer tastes victory in tax tussle over teacake – The Times

Posted February 5th, 2009 in food, news, VAT by sally

“A storm over a teacake is finally over after Marks & Spencer yesterday won a 13-year legal battle about whether its popular chocolate-covered treats should be deemed a cake or a biscuit.”

Full story

The Times, 5th February 2009

Source: www.timesonline.co.uk

VAT – The Bar Council

Posted January 27th, 2009 in fees, legal profession, news, VAT by sally

“Letter received from the Legal Services Commission regarding VAT on Advocates’ Graduated Fee Scheme and Solicitor Standard Fee Claims.”

Full letter

The Bar Council, 27th January 2009

Source: www.barcouncil.org.uk

Office of Fair Trading ticking-off over VAT cuts surprises retailers – The Times

Posted December 10th, 2008 in competition, news, VAT by sally

“As cartels go, it does not seem the sort to keep competition lawyers awake at night.”

Full story

The Times, 10th December 2008

Source: www.timesonline.co.uk

Setback for small businesses under new VAT dispute rules – The Times

Posted December 9th, 2008 in costs, news, VAT by sally

“Small businesses already struggling because of the economic downturn are facing a further setback under new rules that will prevent them from recovering their costs in VAT disputes with the taxman.”

Full story

The Times, 8th December 2008

Source: www.timesonline.co.uk