header-logo header-logo

26 January 2012
Issue: 7498 / Categories: Case law , Law digest , In Court
printer mail-detail

Value added tax

Simpson & Marwick v Revenue and Customs Commissioners [2011] UKUT 498 (TCC), [2012] All ER (D) 93 (Jan)

 

The purpose of s 36 of the Value Added Tax Act 1994 was to permit the refunding of VAT in respect of bad debts, to ensure that the taxpayer who collected the VAT on behalf of the revenue was not left out of pocket by a failure to obtain payment from his customer. That purpose required that the whole of the VAT that had not been recovered from the customer should be refunded; otherwise the taxpayer was out of pocket. Section 36, reading the first three subsections together, permitted a refund of the amount of VAT chargeable by reference to an amount equal to the amount of the consideration so written off. The amount written off was, demonstrably, all VAT. The compound preposition “by reference to” indicated that, in determining the amount of the refund, reference had to be had to the consideration that was written off. If that amount was only VAT, that fact had to be taken
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll