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The CA judgment in Airtours: VAT in tripartite situations

In Airtours Holidays Transport Ltd v HMRC [2014] EWCA Civ 1033 the Court of Appeal upheld the decision of the Upper Tribunal (UT) which decided that the taxpayer was not entitled to deduct input tax from the fees that it had paid under a tripartite agreement because it had not been the recipient of the supply of services for the purposes of the VATA 1994 s 24. The court found that the tribunal had asked itself the correct question and had reached sustainable conclusions on its assessment of the relevant agreement.

What is this Airtours about?

The case concerns the ability of a taxpayer making a payment to a supplier in a tripartite situation to recover input VAT on that payment. Essentially the question is whether the payment is merely third party consideration or a payment for a supply...

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