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The VAT review for November 2023

Speed read
This month’s VAT review covers the Supreme Court decision in Target Group confirming that the VAT exemption for transactions concerning payments or transfers does not cover circumstances where a person gives instructions for a payment or transfer, even if it is necessary and even if that payment or transfer occurs automatically as a result of that instruction. We also cover the CJEU decision in Deco Proteste – Editores Lda v Autoridade Tributaria e Aduaneira concerning the proper interpretation of supplies involving ‘free’ promotional items. Back in the UK, HMRC has announced a proof of concept project to evaluate the possibility of using split payments to collect VAT directly from payments for online cross-border transactions. Finally, draft legislation has been published for consultation on modifying aspects of the EU Law (Revocation and Reform) Act 2023 in their application to VAT and excise laws.
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