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News-taxcase-R (on the application of Software Solutions Partners Ltd) v CRC

22 August 2007
Categories: Tax cases , VAT

Electronic risk

The claimant supplied, installed and maintained computer hardware and software for the insurance industry. The software enabled insurance brokers to carry out certain transactions with insurers, over the claimant's communication systems.
Customs ruled that the claimant's software was able to assess and accept risk on behalf of the insurers. Later in April 2004, Customs said that the claimant's services were not VAT exempt, and issued an assessment in January 2005.
The claimant applied for judicial review in April 2005.

Electronic risk

The claimant supplied installed and maintained computer hardware and software for the insurance industry. The software enabled insurance brokers to carry out certain transactions with insurers over the claimant's communication systems.
Customs ruled that the claimant's software was able to assess and accept risk on behalf of the insurers. Later in April 2004 Customs said that the claimant's services were not VAT exempt and issued an assessment in January 2005.
The claimant applied for judicial review in April 2005.
The High Court judge said that the claimant took no decision in relation to the insurance; it was based on the software that the insurance risk was calculated. The activities did not fall within the terms of the ruling.
The judge noted that a taxpayer was entitled to wait until the notification of an assessment before taking steps to...

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