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The VAT review for April 2025

Katie Oliver and Gary Barnett (Simmons & Simmons) review the latest decisions on VAT recovery and an AG opinion on the application of market value provisions in the VAT Directive.

Insurance offshore loop: VAT avoidance provisions ineffective

In Hastings Insurance Services Ltd v HMRC [2025] UKFTT 275 the FTT held that the restrictions introduced in 2018 on the ability of insurance intermediaries to recover input VAT connected with supplies to an insurer located outside the EU were contrary to provisions of the Principal VAT Directive (PVD). The FTT has held that the UK was not entitled to restrict the scope of input VAT recovery to situations where the ultimate person insured belongs outside the UK.

In 2018 the FTT held that intra-group arrangements involving a UK insurance intermediary Hastings providing services to its Gibraltar based associated insurer Advantage did not involve that intermediary...

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