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The VAT review for September 2022

The importance of having a valid VAT invoice and meeting national time limits for input VAT recovery are among the developments reviewed by Bryn Reynolds and Gary Barnett (Simmons & Simmons).

Input VAT and VAT invoices

In Tower Bridge GP Ltd v HMRC [2022] EWCA Civ 998 the Court of Appeal has confirmed that a taxable person was not entitled to input VAT where it did not hold an invoice that met the formal requirements of the Principal VAT Directive (PVD). In addition HMRC was not required to exercise its discretionary powers to allow a claim on the basis of alternative evidence where the taxpayer had failed to undertake even basic checks in relation to their supplier.

Tower Bridge GP was the representative member of a VAT group including CFE. CFE purchased carbon credits from Stratex that were connected to VAT fraud. The FTT found that...

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