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The VAT review for December 2023

Import VAT, a request to change the VAT group registration date and the ‘always speaking’ principle are examined in this month’s review by Jo Crookshank and Gary Barnett (Simmons & Simmons).

Import VAT and toll operators

In Piramal Healthcare UK Ltd v HMRC [2023] UKFTT 891 the FTT held that import VAT incurred by a business importing goods owned by a third party with a view to carrying out processes on those goods was not input VAT of that business. In order for VAT on goods to qualify as input VAT of a business the goods must be a cost component of that business’ onward supplies. This was equally the case with import VAT on imported goods.

Piramal was a pharmaceutical company that effected processes or trials on imported goods for their owners. The imported goods always remained owned by the customer and Piramal did not make onwards...

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