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Daytona Surf Ltd v HMRC

In Daytona Surf Ltd v HMRC (TC01238 – 13 July) a company (D) submitted a VAT return claiming a substantial repayment.

HMRC began an enquiry and rejected part of the claim on the grounds that D had provided no evidence that it had actually paid the invoices so that the effect of VATA 1994 s 26A was that the tax was not deductible.

D appealed. The Tribunal reviewed the evidence and dismissed D’s appeal.

(D had also claimed input tax on supplies from unregistered traders: an appeal against the disallowance of these claims was also dismissed.)

Why it matters: The Tribunal upheld HMRC’s view that the effect of VATA 1994 s 26A was that input tax was not deductible where the claimant had failed to provide evidence that it had paid the tax shown on the invoices which it...

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