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The VAT review for April 2023

Speed read
This month’s VAT review covers a number of decisions which indicate the existence of a separate but parallel universe of VAT. There are three decisions from the highest levels of appeal: two Supreme Court decisions and one from the CJEU. In News Corp UK and Ireland the Supreme Court held that the zero-rating for newspapers did not historically cover digital versions of newspapers. In Moulsdale Properties the court has addressed the circularity on the option to tax anti-avoidance provisions preferring HMRC’s off ramp from the infinite loop created by the rules. Meanwhile in Fenix International the CJEU has confirmed the legality of the VAT rules deeming online platforms to be making supplies of services made via their platform. However perhaps the most interesting case is that of Prudential where the Upper Tribunal has held that contingent uncertain payments made by an ex-VAT...
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