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Missing the Target
Key points
- The Target appeal concerned the application of the VAT exemption for payment services. It is relevant for all setups where elements of a transfer of money are performed.
- The outcome introduces a risk of inefficiencies in the financial system.
- Extending the exemption to all tasks which are operative and substantial causes of a payment may be a better solution.
- Taxpayers could invite the higher courts to make use of their expanded power to depart from CJEU precedent under the provisions of the Revocation Act 2023.
The VAT exemption for payment services has kept the courts busy for more than two decades. Codified in VATA 1994 Sch 9 group 5 item 1 its scope has largely been inherited from evolved assimilated case law (as retained Court of Justice of the EU case law is now called). Last year the Supreme Court seized the opportunity to...
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