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The demise of the Lord Fisher tests

05 July 2022 / Neil Warren
Issue: 4847 / Categories: Comment & Analysis
86818
Moving the goalposts

Key points

  • The six Lord Fisher tests were used to indicate if supplies were business or non-business.
  • Revenue and Customs Brief 10/2022 replaces the six tests with two tests from 1 June.
  • The new rules will be particularly relevant to charities and not-for-profit organisations and nursery and crèche businesses.
  • The new brief should produce clear VAT outcomes in most cases.

VAT enthusiasts – and a few non-enthusiasts – will be familiar with the phrase ‘the Lord Fisher tests’. The tests have been as important in the world of the nation’s favourite tax for the last 30 years as a permanent wifi-connection is to anyone aged under 35. But the VAT days of Lord Fisher are at an end because HMRC has replaced the six business tests associated with his name with two completely new tests from 1 June 2022. Is six down to two an example of tax simplification? I...

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