header-logo header-logo

09 September 2016
Issue: 7713 / Categories: Legal News
printer mail-detail

The "Economic activities" VAT test

A training centre was engaged in economic activities despite its charitable purpose and therefore liable to pay VAT, the Court of Appeal has held.

In Longridge on the Thames v HMRC [2016] EWCA Civ 930, the Court considered whether VAT was payable on the construction of a training centre for outdoor activities which worked with young people and charged users according to ability to pay. The training centre, Longridge, sought to recover £135,000 worth of VAT that it had paid on the construction, on the grounds the building would be used for charitable purposes.

HMRC contended that Longridge was engaged in business activities. It argued that, according to European Court of Justice caselaw, the test for determining whether there is economic activity and therefore VAT payable is whether there is a “direct link between the service the recipient receives and the payment which he makes, not on the wider context in which the payment is made”.

The Court of Appeal agreed with HMRC, even though payments to Longridge did not reflect the full cost of the service.

Delivering the lead judgment, Lady Justice Arden said: “Economic activity is assessed objectively and so the concern of Longridge, which is its reason for providing the services which it does provide, is not enough to convert what would otherwise be economic activity into an activity of a different kind for VAT purposes.”

Issue: 7713 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll