John Davison Indirect Tax Partner Grant Thornton Sydney looks at where things stand with regards to VAT avoidance
Given the recent decisions in WHA Ltd & Another v HMRC[2007] EWCA Civ 728 and Lime Avenue Sales and Services Ltd 20140 it may be thought that VAT avoidance is dead. The principles in Halifax plc v CCE C-255/00 [2006] 2 WLR 905 would seem to indicate that it will be difficult for an avoidance scheme to have 'legs'. Two important points arose from Halifax: that an avoidance scheme can be economic activity but that it can also be an abuse. For there to be an abuse a tax advantage accrues that is contrary to the intention of the EU legislation and the essential aim of the transaction...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
John Davison Indirect Tax Partner Grant Thornton Sydney looks at where things stand with regards to VAT avoidance
Given the recent decisions in WHA Ltd & Another v HMRC[2007] EWCA Civ 728 and Lime Avenue Sales and Services Ltd 20140 it may be thought that VAT avoidance is dead. The principles in Halifax plc v CCE C-255/00 [2006] 2 WLR 905 would seem to indicate that it will be difficult for an avoidance scheme to have 'legs'. Two important points arose from Halifax: that an avoidance scheme can be economic activity but that it can also be an abuse. For there to be an abuse a tax advantage accrues that is contrary to the intention of the EU legislation and the essential aim of the transaction...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes: