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VAT briefing for October 2018

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Changes are to be introduced to the rules dealing with cross-border supplies of e-services within the EU. In addition, the government has released draft legislation to prevent an offshore loop structure taking advantage of the specified supplies rules. Meanwhile, the Taxation (Cross-border Trade) Act 2018 has received royal assent and provides the legislative basis for the introduction of a post-Brexit UK customs regime and related changes to excise duties and VAT. In the courts, the advocate general has opined that VAT incurred on an aborted sale of shares in a subsidiary to which the parent provided management services should not be recoverable, and the FTT has held that a copy of HMRC’s own online form was sufficient evidence of the making of an option to tax.

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