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The VAT review for September 2020

The latest VAT developments that matter, by Jo Crookshank and Gary Barnett (Simmons & Simmons).

Reverse charge and non-economic activities

In HMRC v Wellcome Trust Ltd (Case C‑459/19) the advocate general (AG) has opined that a taxable person receiving supplies of services from outside the EU for the purposes of a non-economic activity is nevertheless required to account for VAT under the reverse charge mechanism in relation to those services. The AG rejected the contention that the recipient of the supply was not a ‘taxable person acting as such’ in those circumstances within the meaning of article 44 of the Principal VAT Directive (PVD). Therefore the place of supply was the UK.

The opinion is the latest development in a long running series of cases between HMRC and Wellcome Trust Ltd (WLT) concerning the investment activities of WLT. WLT is the trustee of a charitable trust ...

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