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VAT treatment of ‘Mega Marshmallows’ as confectionery: FTT and UT decisions analyzed

  • IBL treated ‘Mega Marshmallows’ as zero-rated for VAT
  • HMRC believed the product should be standard-rated as ‘confectionery’
  • FTT allowed IBL’s appeal, stating the product was not ‘confectionery’
  • UT dismissed HMRC’s appeal, stating Note 5 was not a deeming provision
  • Decision provides insight into deeming provisions in VAT legislation

Source: rpc.co.uk

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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