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The VAT review for December 2019

Speed read
The VAT highlight of the last month was the issue of the AG opinion in the Dong Yang Electronics referral. There has been concern and confusion over attempts by tax authorities to extend the concept of a fixed establishment, in part on the basis of the CJEU’s decision in DFDS. The AG’s opinion is aligned with that of the VAT Expert Group from 2016 stating that, in essence, the DFDS decision should be seen as an exceptional case, not capable of general application. Elsewhere, the UT has confirmed the FTT decisions in Target Group (loan servicing not VAT exempt) and Lunar Missions (time of supply of vouchers), albeit on a different basis in the former that may have broader ramifications. Finally, HMRC has released guidance on covering the VAT treatment of businesses on cryptoassets.

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