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VAT briefing for November 2014

In this month’s briefing, Lee Squires and Fiona Bantock (Hogan Lovells) take a look at three recent VAT cases: Westinsure Group, Welmory and Huddersfield University; and the HMRC briefing regarding the Lok’nStore Group decision.

Recent developments in VAT that matter are as follows.

Westinsure Group: insurance intermediaries

In Westinsure Group Ltd v HMRC [2014] UKUT 452 (TCC) (reported in Tax Journal 31 October 2014) the Upper Tribunal (UT) held that Westinsure’s services did not qualify for the exemption for services performed by insurance brokers and agents (article 135(1)(a) of the Principal VAT Directive as implemented by VATA Sch 9 Group 2 Item 4 in the UK). Westinsure operated an interface for insurance brokers and insurers both promoting and marketing insurance products to the brokers (in return for an annual commission from the insurers based on a percentage of the premiums of the policies taken out via the brokers)...

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