In Rapid Sequence Ltd v HMRC (TC02826 – 22 August) a company (R) supplied medical doctors to hospitals on a locum basis. HMRC issued a ruling that it was required to account for tax on its supplies. R appealed contending that its supplies should be treated as exempt under VATA 1994 Sch 9 Group 7 item 5. The FTT rejected this contention and dismissed the appeal. Judge Herrington held that although R’s supplies appeared to fall within the wording of Item 5 that provision had to be interpreted in accordance with article 132(1)(c) of Directive 206/112/EC and that R’s services did not amount to ‘medical care’ within article 132(1)(c). Item 5 had to be given ‘a conforming construction so that it is consistent with the UK’s obligation not to grant an exemption which goes beyond the permitted scope of the...
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In Rapid Sequence Ltd v HMRC (TC02826 – 22 August) a company (R) supplied medical doctors to hospitals on a locum basis. HMRC issued a ruling that it was required to account for tax on its supplies. R appealed contending that its supplies should be treated as exempt under VATA 1994 Sch 9 Group 7 item 5. The FTT rejected this contention and dismissed the appeal. Judge Herrington held that although R’s supplies appeared to fall within the wording of Item 5 that provision had to be interpreted in accordance with article 132(1)(c) of Directive 206/112/EC and that R’s services did not amount to ‘medical care’ within article 132(1)(c). Item 5 had to be given ‘a conforming construction so that it is consistent with the UK’s obligation not to grant an exemption which goes beyond the permitted scope of the...
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