VAT

What is VAT?

The UK value added tax (VAT) system is:

  1. derived from the Archived Directive 2006/112/EC of the European Parliament and of the Council of 28 November 2006 on the common system of value added tax (the Archived VAT Directive), and

  2. mainly set out in the Value Added Tax Act 1994

All other EU member states also have a system of VAT, but this overview is concerned with the way the common system of VAT is implemented in the UK.

VAT is intended to be a tax on consumer expenditure, so that the ultimate burden of the tax is borne by the final user or consumer of goods or services. This is achieved by:

  1. requiring each person in a chain of transactions (eg a chain from raw materials producer to manufacturer to packager to retailer):

    1. to charge VAT as a percentage of the price charged (including on the final sale to the consumer), and

    2. to pay over that VAT to the tax authority (ie HMRC in the UK), and

  2. allowing each person in the chain, other than the

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Private Client News

Market value, distributions and notional transactions—key SDLT lessons from Tower One St George Wharf Ltd v HMRC

Tax analysis: In Tower One St George Wharf Ltd v HMRC, the Court of Appeal considered the basis on which stamp duty land tax (SDLT) should be assessed and whether that resulted in SDLT being paid on the market value, the actual consideration paid, or on some other basis for a complex transaction within a corporate group. The taxpayer argued that the ‘Case 3’ exception under section 54(4) of the Finance Act 2003 (FA 2003) applied, which would result in SDLT being charged on the actual consideration. HMRC argued that the exception did not apply, which would result in SDLT being paid on the market value of the property. Alternatively, HMRC argued that if the exception did apply then the anti-avoidance provisions at FA 2003, s 75A applied, potentially resulting in an even higher SDLT charge. The Court of Appeal held that although the Case 3 exception applied, the anti-avoidance provision in FA 2003, s 75A also applied. This resulted in SDLT being assessed on an aggregate amount that was even higher than the property's market value (although HMRC did not seek to increase its assessment beyond market value). Therefore, the appeal was dismissed. As explained by Jon Stevens, partner, and Rory Clarke, solicitor, at DWF Law LLP, this decision deals with the interaction of a number of complex SDLT provisions and clarifies the SDLT provisions relating to transfers to connected companies and the SDLT anti-avoidance provisions, with implications for corporate structuring and tax planning.

View Private Client by content type :

Popular documents