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UK FTT: Sports nutrition flapjack-and-cake packs not 'cakes'; treated as confectionery under VATA Note 5; zero-rating denied (DuelFuel Nutrition Ltd v HMRC)

Published on: 13 February 2024

Published by a LexisNexis Tax expert
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DuelFuel Nutrition Ltd v HMRC [2024] UKFTT 104 (TC)

The disputed item combined a flapjack with either a cake slice or a brownie, packaged and sold as a twin-pack and promoted for sports nutrition. Its purpose was to supply pre-activity carbohydrates for energy through the flapjack, and post-activity protein to support muscle repair via the cake or brownie. The product also included vitamins and minerals. The food zero-rating under Group 1 of Schedule 8 Part I to the Value Added Tax Act 1994 (VATA 1994) sets out defined exceptions. Among them is ‘confectionery, excluding cakes or biscuits, save for biscuits wholly or partly coated with chocolate or a product alike in taste and appearance’. The appellant maintained that the flapjacks, cake portions and brownies qualified as cakes and so were outside that exclusion. In the alternative, the appellant submitted that the goods were not, in any event, confectionery and thus continued to be zero-rated...

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