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Lycamobile: can phone bundles lead to VAT blunders?

Giles Salmond (Stewarts) examines an FTT decision covering a variety of VAT issues, including the time of supply, the voucher rules and the use and enjoyment provisions.

In this lengthy and complex decision the First-tier Tribunal (FTT) grappled with whether Lycamobile should account for VAT on either: (a) the full price paid for a ‘Plan Bundle’ which permitted its customers access for a set period to telecommunications services (calls data and texts) and sometimes additional related services as HMRC argued; or (b) only to the extent that those services were actually used by those customers as Lycamobile argued.

The VAT in dispute of approximately £51m covered VAT return periods from July 2012 to August 2019.

Background

Lycamobile sold credits to acquire either (i) telecoms services on a ‘pay-as-you-go’ basis or (ii) Plan Bundles lasting for a set period usually 30 days....

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