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United Biscuits (UK) Ltd v HMRC

Biscuit was partly covered by chocolate and therefore subject to VAT

In United Biscuits (UK) Ltd v HMRC [2023] UKFTT 864 (TC) (16 August 2023) the FTT held that a baked snack known as ‘Blissfuls’ was partly covered with chocolate and therefore standard-rated for VAT purposes. 

The product was a baked snack which had the following characteristics: 

  • a biscuit cup with a flat bottom base; 
  • a layer of chocolate hazelnut;
  • a layer of chocolate; and 
  • a McVities logo made of biscuit on top (smaller than the base)

The issue was whether the product could be zero-rated as food or fell within the exception from zero-rating for chocolate-covered biscuits. This exception applies to ‘biscuits wholly or partly covered with chocolate or some product similar in taste and appearance’. Such biscuits are standard-rated. 

The FTT noted that the term ‘partly’ was to be interpreted such that it could apply to any part...

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