The cases in this month’s review highlight difficulties in applying fundamental principles of EU law. In February the Court of Session applied fundamental principles of VAT to conclude that a sale and leaseback could not be merged into a single transaction and yet in March the CJEU has taken the opposite view based on different principles. VAT grouping came under the spotlight again when the court of Appeal confirmed that the UK approach to VAT grouping is compatible with EU principles and that it is the VAT representative member for the time being that retains the right to recover overpaid VAT not the ‘real world supplier’ even following changes to group membership. Rank Group’s overpayment of VAT on bingo continues to throw up interesting issues the latest being the requirement for HMRC to take into account all affected periods when adjusting for over-deducted input...
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The cases in this month’s review highlight difficulties in applying fundamental principles of EU law. In February the Court of Session applied fundamental principles of VAT to conclude that a sale and leaseback could not be merged into a single transaction and yet in March the CJEU has taken the opposite view based on different principles. VAT grouping came under the spotlight again when the court of Appeal confirmed that the UK approach to VAT grouping is compatible with EU principles and that it is the VAT representative member for the time being that retains the right to recover overpaid VAT not the ‘real world supplier’ even following changes to group membership. Rank Group’s overpayment of VAT on bingo continues to throw up interesting issues the latest being the requirement for HMRC to take into account all affected periods when adjusting for over-deducted input...
If you are not a subscriber, subscribe now to read this content.
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