The Commissioners for HM Revenue and Customs v K E Entertainments Ltd: [2017] UKUT 0328 (TCC)

Upper Tribunal Tax and Chancery decision of Lord Ericht on 14 August 2017.

Read the full decision in The Commissioners for HM Revenue and Customs v K E Entertainments Ltd: [2017] UKUT 0328 (TCC) .

VAT – Taxable amount – Taxpayer charging fee for participation in bingo sessions – Tax payer recalculating liability to tax in accordance with business brief and Notice published by HMRC – Taxpayer giving effect to recalculation by issuing an internal credit note – Taxpayer making retrospective claim for over payment of tax – whether recalculation resulted in a ‘decrease in consideration for a supply which includes an amount of VAT’ within the meaning of Regulation 38 – yes – Value Added Tax Regulations 1995, SI 1995/2518 regs. 24 and 38 – Appeal refused.

Published 14 August 2017