header-logo header-logo

VAT

22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
printer mail-detail

Tulica v Agentia Nationala de Administrare Fiscala—Directia Generalia de Solutionare a Contestatilor and another case C-249/12 and C-250/12, [2013] All ER (D) 121 (Nov)

It followed from Arts 1(2) and 73 of Council Directive (EC) 2006/112 (the VAT Directive) that the principle of the common system of VAT entailed the application to goods and services of a general tax on consumption exactly proportional to their price and that the taxable amount included everything which constituted consideration obtained or to be obtained by the supplier of goods or services for transactions with the purchaser, customer or a third party. Article 78 of that Directive listed certain items which were to be included in the taxable amount, and Art 78(a) provided that VAT was not to be included in the taxable amount. In accordance with the general rule set out in Art 73, the taxable amount for the supply of goods or services for consideration was the consideration actually received for them by the taxable person. That consideration was thus the subjective value, namely, the value received. That rule should

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll