The VAT briefing for June 2012

Following Banca Antoniana, HMRC has issued a brief stating that the case is fact-specific and does not automatically introduce an opportunity for out-of-time claims. In the direct tax case of FII GLO, the Supreme Court held that the abrogation of mistake-based claims by FA 2004 was incompatible with EU law because there was no notice or transitional provision. The European Council has adopted a number of conclusions on the future of VAT. In Norwich Airport Ltd, the FTT held that a levy imposed on passengers by the airport operator to raise funds for airport improvements was consideration for a taxable supply.