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Qubic v HMRC: UT confirms reg 31A investment gold invoicing/record-keeping applies only on transfer of possession; contractual waiver defeats penalties; HMRC Notices cannot exceed VATA 1994

Published on: 30 April 2024

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Qubic Advisory Services Ltd v HMRC [2024] UKUT 106 (TCC)

The supply of investment gold falls outside VAT by virtue of Group 15 in Schedule 9 to the Value Added Tax Act 1994 (VATA 1994), and traders dealing in such gold must comply with particular invoicing and record‑keeping obligations set out in regulation 31A of the Value Added Tax Regulations 1995 (SI 1995/2518). Under SI 1995/2518, reg 31A, suppliers are obliged to issue invoices and retain records containing the details specified in a Notice issued by HMRC. The relevant Notice is Gold imports and exports VAT Notice 701/21 (Notice 701/21), which sets out, with the force of law, the information that must appear on invoices and the records that must be maintained. Notice 701/21 also makes clear that these obligations bite when exempt investment gold is delivered to, or otherwise placed at the disposal of, the customer, as set out in the Notice...

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