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VAT briefing for September 2014

In this month’s briefing, Lee Squires and Fiona Bantock (Hogan Lovells) examine four recent VAT cases: Airtours, Vodafone, HSM Law and Emblaze Mobility Solutions

Recent VAT developments that matter are as follows.

Airtours: recipient of a supply under a tripartite contract

In Airtours Holidays Transport Ltd [2014] EWCA Civ 1033 a firm of accountants (PwC) had provided a report on Airtours’ financial position to its lenders (the Banks) which would be used by the Banks to determine whether they would continue to lend to Airtours. Airtours was a party to PwC’s engagement letter and undertook to pay PwC’s fees and was also entitled to a copy of the report. The appeal concerned whether Airtours was entitled to deduct the input VAT it had paid on PwC’s fees.

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