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Value added tax – Zero-rating. The taxpayer was a franchisee in the 'Subway' chain of sandwich shops. It sold toasted sandwiches and a hot sandwich that contained cooked meatballs in sauce. The Revenue and Customs Commissioners determined that those products would be assessed as chargeable to VAT at the standard rate rather than zero rated. The taxpayer's appeals to the tribunals failed. The Court of Appeal, Civil Division, also dismissed the appeal. Section 30 and Sch 8 Pt II of the Value Added Tax Act 1994 were to be construed as providing for an objective test to determine the intention behind the supply of hot food; the previous subjective test was incorrect and a failure to properly implement or apply European law in practice.
Value added tax – Zero-rating. The taxpayer was a franchisee in the 'Subway' chain of sandwich shops. It sold toasted sandwiches and a hot sandwich that contained cooked meatballs in sauce. The Revenue and Customs Commissioners determined that those products would be assessed as chargeable to VAT at the standard rate rather than zero rated. The taxpayer's appeals to the tribunals failed. The Court of Appeal, Civil Division, also dismissed the appeal. Section 30 and Sch 8 Pt II of the Value Added Tax Act 1994 were to be construed as providing for an objective test to determine the intention behind the supply of hot food; the previous subjective test was incorrect and a failure to properly implement or apply European law in practice.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts