Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind.”

Jai Stern

Access all documents on Value added tax (VAT)

Value added tax (VAT) meaning

What does Value added tax (VAT) mean?
VAT is a consumption tax charged on most supplies of goods and services made by businesses. In legal practice, it requires a taxable person making supplies in the course or furtherance of a business to charge output tax to customers and deduct recoverable input tax on business costs, accounting for the net amount to the tax authority. In the UK, VAT is principally set out in the Value Added Tax Act 1994 and secondary legislation, supported by HMRC guidance. In Ireland, it is governed by the VAT Consolidation Act 2010 and related EU law. Under the Windsor Framework, Northern Ireland applies EU VAT rules to goods, while UK rules apply to services; England & Wales and Scotland apply UK rules to both goods and services. Liability turns on whether a supply is taxable, zero-rated, exempt or outside the scope, and on place and time of supply rules. Businesses must register when turnover exceeds the statutory threshold or may register voluntarily. VAT also applies to imports and many cross-border transactions (including reverse charge mechanisms). Practical compliance includes issuing VAT invoices, maintaining appropriate records (often digitally) and filing periodic VAT returns. Usage and core concepts are broadly consistent across the UK and Ireland, subject...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Value added tax (VAT)

CHECKLISTS
Sentencing corporate fraud and VAT offences in England and Wales: Sentencing Council checklist—ten-step process, harm/culpability, percentage multipliers, financial disclosure, fines, confiscation, compensation, totality and ancillary orders

This Checklist summarises the Sentencing Council’s guidelines for sentencing corporate offences of fraud under the Fraud Act 2006 (FrA 2006), Theft Act 1968 (TA 1968), Value Added Tax Act 1994 (VATA 1994) and Customs and Excise Management Act 1979 (CEMA 1979) in the Crown Court and magistrates’ court This Checklist outlines the Sentencing Council’s approach to sentencing corporate fraud offences under FrA 2006, TA 1968, VATA 1994 and CEMA 1979 in the Crown Court and magistrates’ court. The Fraud Guidelines for corporate offenders are available here. The Sentencing Council also issues overarching guidance to be considered in all sentencing decisions, including: Totality guideline Overarching principles Overarching guideline on reduction in sentence for a guilty plea For guidance on using guidelines, see Practice Notes: Sentencing criminal offences—sentencing guidelines and resources and Sentences imposed following conviction. The General guideline: overarching principles (the General guideline) is to be applied alongside offence‑specific definitive guidelines. It considers seriousness and gives expanded direction on aggravating and mitigating...

Read More Right Arrow

View the related News about Value added tax (VAT)

NEWS
Court of Appeal: Regulation 90 time of supply for continuous services prevails over VAT group disregard; deferred fees taxable post-exit; B J Rice not binding (Prudential v HMRC)

The Prudential Assurance Company Ltd v HMRC [2024] EWCA Civ 300 The Prudential Assurance Company Ltd (Prudential) acted as the representative member of its VAT group. Another company in the group, Silverfleet Capital Ltd (SCL), executed an investment management services contract to provide services to Prudential. Under that contract, SCL was also eligible for a management fee and deferred performance fees once a specified hurdle rate was achieved. Under section 43 of the Value Added Tax Act 1994 (VATA 1994), no VAT was payable on the management fee because they were in the same VAT group. In 2007, SCL exited the VAT group. In 2014 and 2015, the triggers for paying the further deferred performance fee were satisfied and SCL invoiced Prudential for over £9m in total. The question before the Court of Appeal was whether those additional performance fees ultimately constituted consideration for a supply made while both companies were members of the same VAT group or, alternatively, whether the services amounted to a continuous supply of services...

Read More Right Arrow
NEWS
UK Upper Tribunal clarifies VAT exemption for medical care in cosmetic treatments: principal therapeutic aim, medical diagnosis, and multi-factorial analysis (Illuminate Skin Clinics Ltd v HMRC)

Illuminate Skin Clinics Ltd v HMRC [2025] UKUT 341 (TCC) The appellant’s services were carried out by Dr Shotter, a registered medical practitioner acting for the appellant. It was common ground that a number of those supplies, including make-up and retail skincare products, also attracted the standard rate of VAT. The question was whether other services, for example procedures that reduce fat cells, fell within the exemption in item 1, Group 7, Schedule 9 to the Value Added Tax Act 1994 (VATA 1994)...

Read More Right Arrow
NEWS
FTT Tax Chamber holds HMRC VAT assessments time-barred under VATA 1994 s77; fairness arguments rejected (Monmore Properties Ltd v HMRC)

Monmore Properties Ltd v HMRC [2024] UKFTT 127 (TC) The appellant acted as the representative member of a Value Added Tax (VAT) group. The tribunal’s determination arose from a preliminary hearing convened to resolve two threshold issues: whether the appellant’s appeal had been brought within time, and whether HMRC’s assessments covering a 27‑month span (five VAT return periods) were out of time. The broader controversy was not addressed at this stage, as it was a matter for the substantive appeal, and concerned the VAT treatment of services provided by VAT group members to persons outside the VAT group. At the preliminary hearing it was also established that HMRC had not issued a single global assessment. That clarification was relevant because the wider dispute referred to...

Read More Right Arrow

View the related Practice Notes about Value added tax (VAT)

PRACTICE NOTES
UK corporate tax considerations for pre-sale group reorganisations: asset/share transfers, losses, degrouping, stamp taxes and VAT

Before disposing of a business or trade When planning a disposal, a corporate seller must choose the most suitable deal structure. Commercial drivers should lead, yet securing a tax-efficient outcome will inevitably be a key concern. The initial choice is whether to transfer: the business and its underlying assets (a business sale), or the shares in a subsidiary that holds the business and assets (a share sale) Broadly, sellers tend to prefer a share sale: it offers a straightforward exit and, where the substantial shareholdings exemption (SSE) applies, any gain is exempt from tax. An asset deal is more likely to crystallise tax charges and leaves any pre-completion tax liabilities with the seller. This Practice Note does not address individual sellers or business asset disposal relief (BADR). For more on BADR, see Practice Note: CGT—business asset disposal relief (formerly entrepreneurs' relief)...

Read More Right Arrow
PRACTICE NOTES
Türkiye private client guide 2025: taxation (income, gains, inheritance), succession and forced heirship, non-recognition of trusts, property, capacity and immigration

Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...

Read More Right Arrow
PRACTICE NOTES
Share disposals: UK tax grouping consequences, reliefs, degrouping charges and anti-avoidance across corporation tax, capital gains, loan relationships, derivatives, intangibles, stamp taxes/STC, SDLT/LBTT/LTT and VAT

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to give way to a unified, self-assessed levy on securities—the securities transfer charge (STC)—to be paid and reported through a new digital portal. In broad terms, the STC’s design will align with the proposals for that tax set out in the 2023 consultation. Finance Bill 2026 (FB 2026) creates a power, commencing on Royal Assent, for secondary legislation that will enable taxpayers to pilot the digital service by self-assessing their stamp taxes on securities obligations and submitting transactions electronically via the service. This will allow reporting and payment to be handled online as part of the modernisation of stamp taxes on shares. For detailed coverage of the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025—Tax analysis—Stamp and transfer taxes Tax update spring 2025—Stamp taxes on shares modernisation Tax update spring 2025—Tax analysis—Stamp and transfer taxes TAMD 2023—Stamp taxes on...

Read More Right Arrow

View the related Precedents about Value added tax (VAT)

PRECEDENTS
UK individual tax residence: Statutory Residence Test, split-year and temporary non-residence; double tax treaties; and effects on CGT, IHT (from April 2025), VAT, ATED and SDLT

Key points Residence determines the scope of a person’s liability to UK income tax and capital gains tax (CGT). An individual’s tax residence is established under the Statutory Residence Test (SRT). A person can be tax resident in multiple countries at the same time, as each jurisdiction applies its own domestic rules. Someone who is not resident in the UK is taxed only on UK‑source income and on certain gains from disposing of UK assets, including residential property. Value added tax (VAT), stamp duty land tax (SDLT) and the Annual Tax on Enveloped Dwellings (ATED) may apply to both residents and non‑residents. Before 6 April 2025, domicile—rather than residence—was the principal factor in determining exposure to inheritance tax (IHT). From 6 April 2025, IHT liability is largely linked to the period an individual has been resident in the UK. Residence of individuals—summary An individual’s UK tax residence is relevant when determining liability to income tax and CGT. Those...

Read More Right Arrow
PRECEDENTS
Farm Business Tenancy (England and Wales): ATA 1995 short-term (up to two years) precedent with optional guarantor, insurance, early termination, and payment entitlement/quota provisions

1 Definitions Within this Agreement, certain expressions carry specific meanings. Illustrative terms include: AA 2020: the Agriculture Act 2020; ATA 1995: the Agricultural Tenancies Act 1995 Adjoining Property: Retained Land and nearby premises; Adjoining Property Rights: rights over the Holding benefiting such land Agreement: this instrument and any supplementary or collateral document Annual Rent: yearly sum payable from the Rent Commencement Date on Rent Days Authority: any statutory, public or local body, court, government department or duly authorised officers Conduits: media and equipment for carrying energy, data or substances Costs: losses, expenses, damages and liabilities Direct Payment: any BPS Payment or SFS Payment, as applicable Eligible Holding: parts of the Holding qualifying for a Rural Support Payment Forfeiture Event: designated insolvency processes, non-payment, or breach Genetically Modified Organisms: as defined by the Environmental Protection Act 1990, including modified or derived crops Holding: the identified property shown on the Plan Insured Risks: perils the Landlord...

Read More Right Arrow
PRECEDENTS
UK tax and VAT clauses for a 50/50 corporate joint venture: residence, group relief and loss surrender under the CTA 2010

1 Definitions and interpretation 1.1 In this Agreement, and except where the context dictates otherwise, the expressions below shall bear the meanings set out here: Relevant Proportion means, for the purpose of clause, the greatest share of the Company’s [ trading ] losses [ and other amounts eligible for relief from taxation ] that the law permits to be surrendered to the relevant Shareholder (or a member of its Shareholder Group), or, as applicable, the greatest share of the Company’s trading profits against which the Shareholder (or a member of its Shareholder Group) is permitted by law to surrender its [ trading ] losses [ and other amounts eligible for relief from taxation ] ; VAT means United Kingdom value added tax [ and any other tax imposed in substitution for it OR , any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the United Kingdom ] ; 2 Tax matters 2.1 [ The...

Read More Right Arrow

View the related Q&As about Value added tax (VAT)

Q&As
VAT zero-rating of 50%+ milk-based drinks and dairy alternatives

This Q&A presumes the beverages are not provided as part of catering. The Value Added Tax Act 1994 (VATA 1994) sets out the UK’s value added tax (VAT) framework. For broader guidance on VAT, consult Practice Notes: What is VAT?, When does VAT apply? and When can a person recover VAT? Zero-rated supplies A zero-rated supply still counts as a taxable supply, despite no VAT being levied on it. Accordingly, it differs from a VAT-exempt supply in VAT terms...

Read More Right Arrow
Q&As
Commercial Rent (Coronavirus) Act 2022—private education arrears, 21 Mar 2020–Mar 2021

The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) applies to ‘protected rent debts’ which are, broadly: amounts for rent, service charges, interest and value added tax (VAT) payable under a tenancy to which Part II of the Landlord and Tenant Act 1954 (LTA 1954, s 23) applies (including where contracted out), provided that: all or part of the business or the premises were required by coronavirus (COVID-19) regulations to close; and the sums relate to the ‘protected period’, running from 21 March 2020 until the earlier of: the final day the business or premises had to close, or were subject to regulation governing the way the business operated or the use of the premises; and in England, 18 July 2021, and in Wales, 7 August 2021 Accordingly, it is important to determine whether a private education facility falls within the scope of the LTA 1954—which depends on the tenancy satisfying...

Read More Right Arrow