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Eternal triangles

09 April 2013 / Mike Thexton
Issue: 4397 / Categories: Comment & Analysis , VAT

Following the line of supply can be critical in determining VAT liability, particularly when dealing with independent financial advisers

KEY POINTS

  • Four possible ways of arranging a supply where subcontractors are used.
  • Cashflow may suggest the answer but is not decisive.
  • The supply – the “who does what” – is critical.
  • The decisions in the Secret Hotels2 Ltd and Premier Dental Agency cases.
  • The application of the rules to supplies by franchised independent financial advisers.

Some years ago I heard the punchline of a limerick delivered by Derek Nimmo on Just a Minute: “Who does what and with what and to whom?” It is also at the heart of a long line of VAT disputes: where two businesses are involved in supplying something to one customer it is essential to determine the lines...

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