Supreme Court rules VAT chargeable on success fees paid after VAT grouping severed (The Prudential Assurance Company Ltd v HMRC)
The Supreme Court has unanimously dismissed the appeal of Prudential Assurance Company Ltd (Prudential), ruling that VAT was correctly charged on success fees paid to a company called Silverfleet Capital Limited (Silverfleet) after it left Prudential's VAT group, even though the underlying services were performed while both companies were group members. The judgment clarifies that Article 64 of Directive 2006/112/EC (the Principal VAT Directive (PVD)), applies to contingent 'successive payments' like success fees, with the chargeable event occurring when payment crystallises rather than when services are performed. As well as summarising the decision, this News Analysis contains commentary from Flossie Skinner, Tax Assistant, at Joseph Hage Aaronson & Bremen LLP on the implications of the judgment.