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The VAT briefing for November

Lee Squires and Fiona Bantock (Hogan Lovells) look at recent developments, including: the decisions in Riskstop Consulting and Hedqvist; VAT on pension fund management costs; and the EC consultation on cross-border e-commerce.

In Riskstop Consulting Ltd v HMRC  [2015] UKFTT 469 (TC) (reported in Tax Journal 16 October 2015) the First-tier Tribunal (FTT) considered whether the supplies of certain services by Riskstop to insurers were exempt from VAT under VATA 1994 Sch 9 Group 2 item 4. These services were broadly composing a risk evaluation questionnaire evaluating responses generating risk improvement requirements for the insurer to stipulate to the insured and liaising with the insured to monitor compliance with such requirements.

The FTT noted that there were five necessary (cumulative) conditions which needed to be satisfied for Riskstop’s services to be exempt under Item 4. The first of these was that Riskstop was an ‘insurance agent’ (as it...

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