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Templar Business Center v HMRC

In Templar Business Center v HMRC (TC03271 – 29 January 2014) the taxpayer provided accounting and taxation advice. It also sold retail vouchers issued to it by retailers.

The tribunal considered that the vouchers were both ‘face value’ and retailer vouchers for the purpose of VATA 1994 sch 10A paras 1(1) and 4(1). Consequently the consideration for the issue of the vouchers by the retailers to the partnership must be disregarded; therefore no input tax on those supplies could be claimed under VATA 1994 s 24(1).

However the tribunal rejected HMRC’s contention that the standard rate applied to the supply of the vouchers by the partnership. The tribunal noted that the partnership supplied vouchers for supermarkets which sold not only standard rated products but also exempt and zero rated products. Therefore the rate must be calculated (and agreed between the parties) on a ‘just and...

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