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Supreme Court Ruling: VAT Implications for Continuous Services and VAT Group Exits

  • The UK Supreme Court ruled on Prudential Assurance Co Ltd v HMRC regarding VAT implications for corporate reorganisations and service contracts within VAT groups.
  • The case focused on whether section 43 of the VAT Act 1994 protects transactions when payment occurs after a supplier exits a VAT group.
  • The Court decided that VAT can be chargeable if the time of supply is after the supplier has left the group, regardless of when services were rendered.
  • Companies providing or receiving continuous services must monitor invoice and payment timing to manage VAT liabilities.
  • Corporate reorganisations must consider VAT implications for deferred payments if they occur after exiting a VAT group.
  • Service contracts need careful drafting to address timing of payments and VAT exposure.
  • Businesses may face unexpected VAT costs if payments are delayed after service delivery.
  • Increased administrative and compliance efforts are required for VAT planning and managing group membership status.

Source: menzies.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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