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Insurance promotion: VAT Case (InsuranceWide.com Services Ltd & Trader Media Group Ltd, Court of Appeal) 13/08/2010
THE CASE

It has been found that the taxpayer should be able to benefit from VAT Insurance Intermediary exemption due to the fact that they perform more than a click-through service between the internet user and the broker, agent or Insurer. The High Court’s decision was made and upheld by the Court of Appeal, despite the taxpayer not being involved in actual negotiations.
VAT EXEMPT BUSINESSES OFFSHORE: VAT CASE (OCEAN FINANCE & ALABASTER (CI) LTD, VAT TRIBUNAL 2010) 13/08/2010
THE CASE

Businesses providing financial services, including those who support such businesses, are VAT exempt. This means such businesses charge no VAT to their customers, but cannot recover VAT paid on their purchases.
VAT-FREE PURCHASES IN ITALY: PLAFOND ARRANGEMENTS 27/07/2010
THE BACKGROUND

When businesses buy goods or services in Italy for resale outside Italy, they can do so without paying VAT under a “Plafond Arrangement”.

Of course, there are a few tests which must be passed, but these are relatively easy to meet.
Double Tax Treaty Passport Scheme to be launched 23/07/2010
BACKGROUND

Certain international flows of funds (such as royalty payments, interest on loans, etc.) are taxed in the country from which the payment is made (“withholding tax”).

If the same flow of funds is also taxed as income/profit in the recipient country, this transaction is taxed twice. To avoid this, countries enter into “Double Taxation Conventions/Agreements” (Treaties), agreeing in which country transactions should be taxed (i.e. so it is taxed only once), at what rates, etc.

These Treaties also set the tests to be satisfied before a transaction qualifies for these benefits.
CROSS-BORDER VAT RECLAIMS: EU EXTENDS DEADLINE 19/07/2010
BACKGROUND

Businesses can reclaim foreign VAT charged on purchases in EC Member States where the business is not registered for VAT.

New EC VAT laws required a new electronic system to be operated by each Member State from 1 January 2010 for repaying VAT to foreign businesses. These new systems replaced the old paper procedure and also imposed penalty interest on those Member States which did not pay the VAT refunds within a specific timeframe.
TOUR OPERATOR MARGIN SCHEME (TOMS): MORE CHANGES 16/07/2010
BACKGROUND

The Tour Operator Margin Scheme (“TOMS”) allows businesses to account for VAT only on the margin between sales and purchases, rather than on the whole sales price.
CHANGE OF UK VAT RULES FOR ZERO-RATING AIRCRAFT 29/06/2010
BACKGROUND

HMRC’s rules permit VAT zero rating for airplanes over 8,000kg and requires the VAT standard rate to be charged for lighter aircraft. As a result, both the UK and the Isle of Man have long been attractive jurisdictions in terms of aircraft importation.
LATE-FILING PENALTY NOT PROPORTIONATE: VAT CASE (ENERSYS HOLDINGS UK LTD, VAT TRIBUNAL 2010) 29/06/2010
THE CASE

HMRC imposed a 5% penalty for a VAT return submitted one day late by Enersys Holdings UK Ltd. The penalty totalled £131,881. The Tribunal considered whether the penalty was proportionate, noting the following.
INCOME TAX: SEAFARERS EARNINGS DEDUCTIONS 28/06/2010
THE BACKGROUND

People who work on ships and who are taxed in the UK can obtain a relief from UK Income Tax. This relief (the seafarers’ earnings deduction, “SED”) means they are effectively not taxed for work they do on ships outside the UK.

But the SED relief is only available to those who are “resident and ordinarily resident” in the UK.
These concepts are not defined in UK tax legislation. But as an example, an Italian sailor might work for 7 months on a ship in the UK and become “tax resident” in the UK (i.e. pays income tax in the UK). Yet it might be possible for HMRC to claim that the Italian is “ordinarily resident” in Italy and is therefore not eligible for the SED relief.
CROSS-BORDER VAT RECLAIMS 25/06/2010
THE BACKGROUND

Much VAT that is suffered abroad goes unreclaimed.

If a business, VAT registered in one country, suffers VAT in another country, it cannot reclaim that VAT on its “home” VAT return. There are mechanisms available to reclaim such VAT, but they are not used as regularly as they could be.

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