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Solent Pathway Campus Ltd v HMRC

What is an eligible body as a provider of education?

In Solent Pathway Campus Ltd v HMRC [2025] UKFTT 596 (TC) (9 May) the FTT decided that the appellant (SPCL) was an eligible body as a provider of education. It found that it had the relevant features to be an eligible body either as a college of a UK university or as a provider of tuition in English as a foreign language.   

The relevant features for whether a body is a college of a UK university for the purposes of VATA 1994 Sch 9 Group 6 note 1(b) were set out by the Supreme Court in SAE Education Ltd v HMRC [2019] UKSC 14 and are as follows: 

  • the body is understood by a university to be a college of the university;
  • the body can enrol or matriculate students as students of the university; 
  • the students are...

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