Simmons & Simmons monthly contribution to Tax Journal analysing recent VAT developments.
This article was first published in the 07 June 2019 edition of Tax Journal who have agreed to Simmons & Simmons making it available on elexica.
This month’s briefing covers two Court of Appeal decisions which, whilst both contain important applications of the law, are both, in practice, heavily fact dependent. In Fortyseven Park Street Ltd
, the court overturned the decision of the Upper Tribunal, considering that the wider rights and services provided to the members obtaining rights of occupation took the supplies outside the scope of the land exemption. In National Car Parks v HMRC
, the court confirmed that overpayments made by a customer at parking machines remained consideration for VAT purposes. Meanwhile, the AG has applied the functional approach to the payments and transfers exemption endorsed by the CJEU to supplies involving operating ATMs and the legislation for implementing the reverse charge to certain supplies of construction services has been enacted.
The VAT Briefing for June 2019 can be read here.
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