VAT Update - November 2014

A round-up of the latest changes to VAT notices and briefings.

VAT Notice 700/44: barristers and advocates

This notice cancels and replaces the notice of the same name from June 2007.

It provides general information on the VAT rules and registration for barristers and advocates, and includes changes to online deregistration and to postal addresses. 


Revenue and Customs Brief 32 (2014): VAT - policy on holding companies

This brief explains HMRC’s current position on holding companies following the decision of the Court of Appeal in the case of BAA ([2013] EWCA Civ 112).

The note highlights that the decision confirms VAT is only recoverable where there is a direct and immediate link to taxable supplies. 

HMRC has updated guidance to improve clarity.

However, the brief also highlights that the German cases of Larentia + Minerva and others (C108/14 and c-109/14) have been referred to the Court of Justice of the European Union (CJEU).

The brief states that the 'decision in those cases is likely to be relevant to the issues described in this brief and the guidance referred to in this brief.

'HMRC will review the policy contained in the guidance in the light of the CJEU’s determination of this reference, which is expected in approximately 12 to 18 months.'