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VAT, private school fees and anti-forestalling provisions: how far is too far (back)?

Etienne Wong and Shanzé Shah (Old Square Tax Chambers) discuss the extent to which anti-forestalling legislation might challenge prepayments that attempt to preserve the existing VAT treatment of private school fees.

It’s 2015. A tax lawyer has lunch with a friend from the Treasury. The friend is putting together draft legislation for a mansion tax. If Labour wins the General Election the friend says the Treasury would need to hit the ground running. And the drafting is tricky.

It’s 2024. The tax lawyer has yet to have lunch with the same friend but when they do would the friend voice the same concerns about the legislation needed to levy VAT on private school fees? The VATA 1994 Sch 9 item 1 exempts the provision of education by an ‘eligible body’ which is defined to include an ‘independent school’ (Sch 9 note (1)(a)(i)) and a non-profit...

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