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Volkswagen: ‘fair and reasonable’

What is ‘fair and reasonable’ apportionment of residual input tax? Lorraine Parkin reviews the recent First-tier Tribunal decision in Volkswagen Financial Services (UK) Ltd which presents an opportunity to claim a VAT refund

Any business which is involved in making supplies which for VAT purposes are both taxable and exempt is required to operate a VAT attribution and apportionment system known as ‘partial exemption'.

The system is required in VAT law as under the provisions of the VAT Directive (Directive 2006/112) input VAT which is incurred by a business which is attributable to its exempt supplies is in principle not reclaimable.

In simple terms a business is required to analyse the VAT it incurs between...

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