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Airtours and input tax: a new hope?

John Brinsmead-Stockham (11 New Square) considers HMRC’s arguments, which suggest a possible method for taxpayers to recover input tax in situations involving ‘third-party consideration’.

 

It is clearly a year for new instalments in familiar long running sagas to generate huge viewing figures and to throw up some big surprises for even their most ardent fans. In that vein the taxpayer’s appeal in Airtours Holidays Transport Ltd v HMRC which was heard by the Supreme Court on 25 February 2016 (and watched live by literally tens of people on the Supreme Court website) represents the next episode in the ongoing series of attempts by the highest courts in both the UK and Europe to articulate clearly how multi-party commercial arrangements should be analysed for VAT purposes. In the course of the hearing HMRC also gave new hope to taxpayers seeking to deduct input...

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