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Advanced Capital Goods Scheme Issues

Peter Hewitt of Ernst & Young LLP follows up last week's Back to Basics article by considering some of the more complicated issues arising when adjusting input tax under the Capital Goods Scheme
Back to Basics last week covered the theory of adjusting input tax under the Capital Goods Scheme (CGS) but when it comes to applying the CGS in practice more complex issues arise. Often the problems are so complex that neither business nor HMRC (Customs) will identify them! Here are just some of the wrinkles which are encountered.
In the 1993 case of Lennartz Case C-97/90 the European Court of Justice (ECJ) introduced a principle under which input tax may be recovered in...

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