Although the FTT’s recent decision in Barclays is disappointing news, there are some positives, writes Philippe Gamito (Baker McKenzie).
The decision of the First-Tier Tribunal (FTT) in Barclays Service Corporation and others v HMRC [2024] UKFTT 785 (TC) is yet another piece of the jurisprudential jigsaw relating to VAT grouping. There are various issues addressed in the judgment but the central issue is concerned with the eligibility requirements related to the concept of ‘fixed establishment’ of an offshore entity under VATA 1994 s 43. In particular the FTT was asked to consider under which conditions is an offshore entity through its UK branch capable of belonging to a UK VAT group.
Similar to HSBC Electronic Data Processing (Guangdong) Ltd and others v HMRC [2022] UKUT 41 (TCC) there are a number of cases sitting behind Barclays. It will therefore come as no surprise that the Barclays...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Although the FTT’s recent decision in Barclays is disappointing news, there are some positives, writes Philippe Gamito (Baker McKenzie).
The decision of the First-Tier Tribunal (FTT) in Barclays Service Corporation and others v HMRC [2024] UKFTT 785 (TC) is yet another piece of the jurisprudential jigsaw relating to VAT grouping. There are various issues addressed in the judgment but the central issue is concerned with the eligibility requirements related to the concept of ‘fixed establishment’ of an offshore entity under VATA 1994 s 43. In particular the FTT was asked to consider under which conditions is an offshore entity through its UK branch capable of belonging to a UK VAT group.
Similar to HSBC Electronic Data Processing (Guangdong) Ltd and others v HMRC [2022] UKUT 41 (TCC) there are a number of cases sitting behind Barclays. It will therefore come as no surprise that the Barclays...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
