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Tax and the City briefing for March 2018

Mike Lane and Zoe Andrews (Slaughter and May) provide this month’s review of tax developments affecting the City.
 

Insurance provider did not have a fixed establishment in the UK

Hastings Insurance Services Ltd v HMRC [2018] UKFTT 0027 (TC) concerned the supply of broking claims handling and underwriting support services by a UK company Hastings to a related company in Gibraltar Advantage. Advantage had its business establishment (BE) in Gibraltar and supplied motor vehicle insurance to UK customers acting through Hastings as its broker. The issue was whether Hastings could recover input VAT on the supply of services to Advantage. Input VAT would be recoverable if the supplies were made outside the EU. HMRC argued that the supplies were made in the UK on the basis that Hastings constituted or created a UK fixed establishment of Advantage.

A fixed establishment is defined as an...

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