header-logo header-logo

21 September 2012
Issue: 7530 / Categories: Case law , Tax , Law reports
printer mail-detail

Value Added Tax

Matthew Davies trading as Special Occasions/2XL Limos v Revenue and Customs Commissioners [2012] UKUT 130 (TCC), [2012] All ER (D) 59 (Sep) Upper Tribunal (Tax and Chancery Chamber)

Judge Howard Nowlan and Judge Greg Sinfield, 24 Apr 2012

If vehicles in question have been adapted so as to carry less than ten persons, that fact is fatal to any claim that the supplies of transport services with the vehicles in question should be zero-rated under the Value Added Tax Act 1994, Sch 8, Group 8 Item 4(a). It is immaterial that the vehicles might have been originally designed for the transportation of ten or more persons.

Nigel Gibbon of Northgate Company Services Ltd for the taxpayer. Ewan West (instructed by the General Counsel and Solicitor to Revenue and Customs) for the Revenue.

The Value Added Tax Act 1994 (VAT 1994), Sch 8, Group 8 Item 4(a) provided that zero rating applied to “transport of passengers… in any vehicle, ship or aircraft, designed or adapted to carry not less than 10 passengers”.

The taxpayer’s

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll