- TalkTalk Telecom Ltd offered a 15% Speedy Payment Discount to customers who paid their bills within 24 hours
- They believed they should account for VAT based on the reduced consideration, regardless of whether the discount was taken
- The First-tier Tribunal disagreed with this interpretation
- The Upper Tribunal upheld the FTT’s decision
- The VATA at the time stated that consideration for a supply is reduced by the discount, whether or not payment is made on those terms
- TalkTalk’s terms and conditions did not change unless the SPD offer was accepted
- Customers who did not accept the offer were not supplied on terms allowing a discount for prompt payment
- TalkTalk had to account for VAT on the full amount received from customers who did not accept the SPD offer.
Source: taxscape.deloitte.com
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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