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Revocation/reform of retained EU (VAT) law

One step forward for Mr Gove with REULA 2023 and the same step back once the new draft legislation is enacted. Etienne Wong (Old Square Tax Chambers) reviews the government’s proposed bespoke approach for the interpretation of VAT.

Writing in The Sunday Telegraph while running for the Conservative Party leadership in June 2019 Michael Gove said he would use ‘the opportunity of life outside the EU to look to replace VAT with a lower simpler sales tax’.

VAT is a creature of EU law. VATA 1994 derives from the Principal VAT Directive (PVD). Its application is subject to CJEU jurisprudence and general EU legal principles (such as the principle of fiscal neutrality and the principle prohibiting the abuse of law). The (EU) Implementing Regulation has direct effect in the UK.

When considering the VAT treatment of a lease of residential property for example one...

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