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St Patrick’s International College Ltd and others v HMRC

Scope of the VAT exemption for education and vocational training

In St Patrick’s International College Ltd and others v HMRC [2025] UKUT 101 (TCC) (25 March) the Upper Tribunal (UT) decided that the supplies of education in dispute did not qualify for exemption from VAT. It found that VATA 1994 Sch 9 Group 6 is compatible with the EU legislation from which it is derived and that although there are multiple possibilities for exemption within Group 6 none of them applied to the supplies here.

One of the appellants provided tuition in English as a foreign language and it was not in dispute that that supply was exempt from VAT. VATA 1994 Sch 9 Group 6 note 2 however prevents a supplier that only meets the supplier condition in VATA 1994 Sch 9 Group 6 note 1 because it supplies tuition in English...

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