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25 January 2013
Issue: 7545 / Categories: Case law , Law digest , In Court
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Value added tax

Re South African Tourist Board [2013] UKFTT 780 (TC), [2013] All ER (D) 52 (Jan)

It was settled law that the test as to whether an activity was a business was whether it had been: (a) a “serious undertaking earnestly pursued”; (b) pursued with reasonable continuity; (c) substantial in amount; (d) conducted regularly on sound and recognised business principles; (e) predominantly concerned with the making of taxable supplies to consumers for a consideration; and (f) such as consisted of taxable supplies of a kind commonly made by those who seek to make profit from them. Further, supplies could be supplies even if they were made without realising profit, or even having the intention of realising a profit. The receipt by a statutory body of funds from the government in order to carry out the purpose for which it had been established could not be an economic activity. There was a very significant distinction between a state outsourcing to an independent third party, which could be profit making, whether or not it actually was, and the state

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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

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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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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