- No VAT recovery under tripartite contract (Airtours v HMRC)
- Original news
- What was this case about?
- What did the Supreme Court decide?
- The contract
- Dissenting judgments
- What should tax lawyers take note of?
Tax analysis: The Supreme Court has held, by a 3:2 majority, that a company paying accountancy fees under a tripartite contract was not entitled to recover the VAT on those fees as its own input tax. The fees were for a report designed to convince the company’s creditors of the viability of a refinancing plan, but the Supreme Court decided that the accountancy services were supplied to the creditors rather than to the taxpayer.
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