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The VAT briefing for April 2014

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In ATP PensionService, the CJEU held that defined contribution pension schemes may qualify for the VAT exemption for the management of ‘special investment funds’. In Secret Hotels2, the Supreme Court held that the taxpayer was acting as an intermediary rather than as principal in arranging holiday accommodation, and accordingly was not liable for UK VAT under the tour operators’ margin scheme. In Esporta, the Court of Appeal held that late paid gym fees were consideration for the supply of health club facilities throughout the membership period, even where members were denied gym access. Budget 2014 was delivered on 19 March with proposed measures including the VAT treatment of prompt payment discounts and a reverse charge for wholesale supplies of gas and electricity.

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