This month’s VAT review revisits some familiar topics. The C&D Foods case is in many ways another re-run of the 1995 BLP case on the recovery of input VAT incurred in relation to a share sale and whilst the outcome may have been similar the manner of reaching that outcome indicates that the approach of the CJEU has developed significantly since 1995. Meanwhile the Wellcome Trust case is a development from the 1996 CJEU decision on economic activity in the context of investments in securities and decides that a lacuna in the 2006 VAT Directive means that services ‘imported’ from outside the EU used for non-economic business activities are not subject to the reverse charge. The MEO case may help identify the borderline between compensation and consideration for VAT purposes confirming that a fixed minimum contractual fee for cancelling a contract with an agreed minimum term will...
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