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Characterising a single supply following the Court of Appeal’s decision in Gray & Farrar

The Court of Appeal’s decision is likely to remain authoritative guidance for some time on the question of how a single complex supply ought to be characterised, writes Sarabjit Singh KC (1 Crown Office Row).

A supply of goods/services may consist of multiple elements but nevertheless the parties may agree that it is a single supply (as opposed to multiple supplies) in which case it would be referred to as a ‘single complex supply’ for VAT purposes. The parties may however disagree about what that single complex supply is. The question that will be considered in this article is: for VAT purposes how should a single complex supply be characterised?

There are at least three approaches to the classification of a single supply:

  • the predominant element approach also known as the ‘predominant element test’;
  • the principal/ancillary approach; and
  • the ‘overarching supply’ approach....

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