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Golf Holidays Worldwide Ltd: Tour Operators Margin Scheme – FTT

  • The CJEU ruled in 2013 that wholesale supplies of travel services fall under the Tour Operators Margin Scheme (TOMS).
  • HMRC allowed businesses to continue dealing with B2B supplies outside TOMS, but Golf Holidays applied TOMS to its B2B supplies of golf holiday packages between 2017 and 2021.
  • Golf Holidays submitted a notice of error correction to reclaim overpaid VAT, but the First-tier Tribunal ruled that it was not entitled to do so.
  • The FTT did not need to determine HMRC’s argument that fiscal neutrality can no longer be relied upon as a cause of action since the UK’s departure from the EU. Golf Holidays’ appeal was dismissed.

Source Deloitte

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