AG opinion on Larentia + Minerva: VAT recovery for holding companies

Whether a holding company can recover the VAT it incurs on a share acquisition has never been a straightforward question. In recent years, however, many feel that HMRC has introduced conditions that are wrong at law or that go beyond what the law requires. The Advocate General’s opinion in Larentia + Minerva suggests that HMRC’s view that input tax should be apportioned between economic and non-economic activities where a ‘management’ holding company receives dividends from the managed subsidiaries is incorrect.