In HMRC v The Open University [2015] UKUT 263 (21 May 2015) the UT found that the BBC was an organisation ‘defined’ by the UK as having similar objects to those of a university (Sixth Directive art 13A1(i)) so that its services were exempt.
The issue was whether the supply by the BBC of production and broadcasting services to the Open University (OU) between January 1978 and July 1994 had fallen within the education exemption (VATA 1994 Sch 9 Group 6 item 4).
The question turned on the following:
In relation to (1)...