header-logo header-logo

09 September 2016
Issue: 7713 / Categories: Legal News
printer mail-detail

The "Economic activities" VAT test

A training centre was engaged in economic activities despite its charitable purpose and therefore liable to pay VAT, the Court of Appeal has held.

In Longridge on the Thames v HMRC [2016] EWCA Civ 930, the Court considered whether VAT was payable on the construction of a training centre for outdoor activities which worked with young people and charged users according to ability to pay. The training centre, Longridge, sought to recover £135,000 worth of VAT that it had paid on the construction, on the grounds the building would be used for charitable purposes.

HMRC contended that Longridge was engaged in business activities. It argued that, according to European Court of Justice caselaw, the test for determining whether there is economic activity and therefore VAT payable is whether there is a “direct link between the service the recipient receives and the payment which he makes, not on the wider context in which the payment is made”.

The Court of Appeal agreed with HMRC, even though payments to Longridge did not reflect the full cost of the service.

Delivering the lead judgment, Lady Justice Arden said: “Economic activity is assessed objectively and so the concern of Longridge, which is its reason for providing the services which it does provide, is not enough to convert what would otherwise be economic activity into an activity of a different kind for VAT purposes.”

Issue: 7713 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll