Commentary

RCB/18/15 VAT grouping rules and the Skandia judgement

Part V16 Forms and other HMRC material

RCB/18/15 VAT grouping rules and the Skandia judgement

RCB/18/15 VAT grouping rules and the Skandia judgement

Revenue & Customs Brief, Issue 18. 30 October 2015

Purpose of this brief

This brief follows on from Revenue and Customs Brief 2/15 (10 February 2015). This set out the position of HM Revenue and Customs (HMRC) following the decision of the Court of Justice of the European Union (CJEU) in Skandia America Corp. (USA), filial Sverige (C-7/13).

This Brief confirms the UK VAT changes resulting from the Skandia judgement and provides details of which other member states operate 'establishment only' VAT grouping.

Who should read this brief

UK VAT-registered traders who are members of a VAT group in the UK or another EU member state, and have establishments (branches or head offices) in other member states.

Background

Details of the Skandia America Corporation decision can be found in Revenue and Customs Brief 2/15. This outlines the VAT treatment that applied before the Skandia decision, how VAT treatment will change as a result of the judgment and the date when the change will take effect.

UK VAT changes with effect from 1 January 2016

The following changes are for UK VAT purposes, covering supplies treated as made in the UK under place of supply rules and input tax recovery by UK VAT registrations.

The implication of the Skandia judgment is that an

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