The Tax and Chancery tribunal decision applying the CJEU ruling in the case of Shield and Sons Partnership has been issued
The long-running case concerned the exclusion of farmers from the agricultural flat-rate scheme when they recover substantially more by using the flat-rate scheme than the input tax claimable through VAT registration.
The Court of Justice of the European Union (CJEU) ruled that:
The upper tier tribunal ruling following the CJEU decision (that recovering more under the scheme did not constitute a different category of farmer) allowed for the flat-rate scheme to be reinstated from the date it was withdrawn by HMRC (2012), awarded costs to Shield and Sons and directed that Shield and Sons apply the 4% flat-rate addition invoices to VAT-registered customers retrospectively as if the scheme had not been withdrawn.
Read more about this decision and others.