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V@ update - October 2020

Published on 29 October 2020

Welcome to the October 2020 edition of RPC's V@, an update on developments in the VAT world that may impact your business.

News

Case reports

United Biscuits – CJEU confirms that pension fund management services are not exempt from VAT

In United Biscuits (Pension Trustees) Limited v HMRC (Case C-235/19), the CJEU held that investment fund management services supplied for an occupational pension scheme, which did not provide any indemnity from risk (the pension fund management services), could not be classified as 'insurance transactions' within the meaning of Article 135(1)(a) of Council Directive 2006/112/EC (the VAT Directive), and therefore did not fall within the VAT exemption provided in that provision in favour of such transactions (the insurance exemption). Read more

DCM – Court of Session decides that HMRC may amend input tax repayment claims

In DCM (Optical Holdings) Ltd v HMRC [2020] CSIH 60, the Court of Session upheld in part a decision of the Upper Tribunal (UT) in respect of an appeal by DCM (Optical Holdings) Ltd (DCM), whose business consisted mainly of the sale of spectacles. Read more

Concept Multi-Car  – FTT finds that taxpayer had no reasonable excuse for late payment of VAT

In Concept Multi-Car Ltd v HMRC [2020] UKFTT 344 (TC), the FTT dismissed the appeal of Concept Multi-Car Ltd (CMC) and upheld CMC's VAT default surcharge, confirming that CMC did not have a reasonable excuse for late payment of VAT. Read more