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LH Bishop Electric Co Ltd v HMRC (and related appeals)

Requirement to file VAT returns online

In LH Bishop Electric Co Ltd v HMRC (and related appeals) (TC02910 – 14 October) Judge Mosedale allowed appeals by a small company and two sole traders against decisions by HMRC requiring them to submit online VAT returns in accordance with FA 2002 s 135 and the VAT Regulations SI 1995/2518 reg 25A. She concluded that ‘because of its disproportionate application to persons who are computer-illiterate because of their age or who have a disability which makes using a computer accurately very difficult or painful or those who live too remotely for a reliable internet connection’ reg 25A contravened both the European Convention on Human Rights and the principles of European Union law.

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Why it matters: This is a lengthy and controversial decision. It has been welcomed by the Low Incomes Tax...

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