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The VAT review for October 2023

Speed read
This month’s VAT review covers the important UT decision in Hotel La Tour dealing with VAT recovery where funds are raised via an exempt share sale. In Impact Contracting Solutions, the UT held that HMRC may cancel a person’s VAT registration where it is used to facilitate fraud by others, irrespective of any taxable supplies made by that person, as well as endorsing the continued relevance of the Halifax principle post-Brexit. Finally, the CJEU has extended the Reemstma principle to a situation where a taxpayer is unable to recover overpaid VAT due to the operation of domestic civil limitation periods in Schütte v Finanzamt Brilon (Case C‑453/22).
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