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26 Cards in this Set

  • Front
  • Back

1) GREGG

EU DIMENSION. FISCAL NEUTRALITY. PRECLUDES TREATING SIMILAR SUPPLIES DIFFERENTLY FOR VAT PURPOSES. (RETIREMENT HOMES).

2) APPLE & PEAR DC

FOR A CONSIDERATION. MUST BE AN IMMEDIATE AND DIRECT LINK BETWEEN THE SUPPLY AND CONSIDERATION. COMPULSORY LEVY WAS NOT CONSIDERATION.

3) ROSGILL

FOR A CONSIDERATION. CONSIDERATION CAN BE IN KIND. THREE ELEMENTS: £20 PAID + SURRENDERING RIGHT TO CASH COMMISSION + HOSTING PARTY.

4) PLANTIFLOR

3RD PARTY SUPPLIES. HL OVERTURNED CA. £1.63 WAS PAID BY CUSTOMER TO P FOR THE SUPPLY OF THE BENEFIT OF P'S ARRANGEMENT WITH PF. P SUPPLIED C WITH DELIVERY. (NOTE: SAME THING HAPPENED IN NELL GWYN).

5) CARD PROTECTION PLAN

MULTIPLE SUPPLIES. ECJ FOUNDED THE PRINCIPAL/ANCILLARY TEST AND THE ARTIFICIAL-TO-SPLIT TEST. HL HELD YOU HAVE TO CONSIDER THE MATTER FROM AN ECONOMIC POV. WHAT DOES THE CUSTOMER THINK THEY ARE GETTING? THE ESSENTIAL ELEMENT HERE WAS INSURANCE. (NOTE: SAME THING HAPPENED IN DR. BEYNON).

6) COLLEGE OF ESTATE MANAGEMENT

MULTIPLE SUPPLIES. DISTANT LEARNING COURSE. 94% PRINTED MATERIALS. ARGUED THEY WERE MAKING 0-RATED SUPPLIES (BOOKS). FROM AN ECONOMIC POINT OF VIEW, THIS WAS A SINGLE SUPPLY OF EDUCATION.

7) HIGHLAND COUNCIL

MULTIPLE SUPPLIES. PURCHASE OF A DISCOUNT CARD FOR VARIOUS SPORTING FACILITIES WAS A SINGLE SUPPLY AT THE TIME OF CONTRACT TO USE VARIOUS SPORTING FACILITIES.

8) TALACRE

MULTIPLE SUPPLIES. CARAVANS ARE 0-RATED BUT THE STATUTE EXPRESSLY EXCLUDES THE FIXTURE AND FITTINGS. THIS WAS NOT A SINGLE SUPPLY. YOU CANNOT OVERRIDE THE STATUTE.

9) KUWAIT

SEPERATE/LINKED SUPPLIES. FREE GIFTS ARE TREATED AS BEING SUPPLIED AT MARKET VALUE.

10) TELEMED

SEPERATE/LINKED SUPPLIES. WERE OBLIGED TO SEND VIDEOS AND THE SUPPLY OF ADVERTISEMENTS WAS DEPENDENT ON THIS OBLIGATION. SINGLE SUPPLY.

11) BROCKENHURST COLLEGE

EXEMPT SUPPLIES. WAS THE CATERING CLOSELY RELATED TO EDUCATION? YES. IT WAS SUPPLIED AS PART OF THE COURSE. EXEMPT. COULD NOT TRAIN WITHOUT THE COURSE. EDUCATION REQUIRES A CLASS/COURSE OF INSTRUCTION.

12) TALACRE

0-RATED SUPPLIES. MUST BE SUPPLIED TO THE FINAL CONSUMER ONLY.

13) PROCTOR & GAMBLE

0-RATED SUPPLIES. FOOD. PRINGLES WERE CRISPS. NOT 0-RATED. 42% POTATO. SUFFICIENT TO FIND THAT THEY WERE MADE FROM POTATO AND SIMILAR TO CRISPS, EVEN THOUGH CRISPS HAVE 80% POTATO IN THEM.

14) JOHN PIMBLETT & SONS

0-RATED SUPPLIES. FOOD. CA HELD THAT TEST IN RELATION TO PROVIDING HOT FOOD WAS SUBJECTIVE. ARGUED THAT THEY ONLY INTENDED TO PROVIDE FRESH FOOD, NOT HOT FOOD.

15) FREEMANS

VALUE OF SUPPLY. 10% CREDITED TO SEPARATE ACCOUNT. CASH OR REDUCE EXISTING BALANCE. COULD NOT BE USED AT POINT OF SALE. ARTICLE 90. POST SUPPLY DISCOUNT ON ORIGINAL ORDER.

16) LITTLEWOODS

VALUE OF SUPPLY. IF OPTED FOR 10% CASH, THIS WAS A POST-SUPPLY DISCOUNT ON PRIMARY GOODS, WHICH WAS AN ARTICLE 90 DISCOUNT. IF OPTED FOR 12.5% DISCOUNT, THIS WAS A DISCOUNT AT THE POINT OF SUPPLY ON THE SECONDARY GOODS, WHICH WAS AN ARTICLE 79 DISCOUNT.

17) EUPHONY

VALUE OF SUPPLY. RECEIVING MONEY FOR INTRODUCING A NEW CUSTOMER WAS SIMPLY A PAYMENT/REWARD. NO DISCOUNT.

18) BOOTS

VALUE OF SUPPLY. IN HOUSE (R > C). NO 3RD PARTY. SIMPLY AN UNDERTAKING TO GIVE A DISCOUNT ON SECOND PURCHASE. ARTICLE 79.

19) YORKSHIRE COOP

VALUE OF SUPPLY. (M > R > C). SUPPLY BY RETAILER IS FULL VALUE AS RETAILER WILL BE REIMBURSED BY THE MANUFACTURER. ARTICLE 90.

20) EUROPEAN COMMISSION v GERMANY

VALUE OF SUPPLY. (M > W > R > C). FISCAL NEUTRALITY. M SHOULD NOT HAVE TO ACCOUNT FOR VAT THAT THEY WILL NEVER RECEIVE (BECAUSE OF WHOLESALER). (NOTE ELIDA GIBBS: NOT A PRINCIPLE - LIMITED CIRCUMSTANCES).

21) ARGOS

VALUE OF SUPPLY. WHAT WAS THE VALUE OF SUPPLY? ONLY HAD TO ACCOUNT FOR THE AMOUNT OF VAT THAT THEY WOULD RECEIVE I.E. 95% NOT 100%.

22) PRIMBACK

VALUE OF SUPPLY. P WAS GETTING £420 FOR FURNITURE AND £80 FOR THE FINANCIAL SERVICES I.E. P HAD TO BEAR THE INTEREST. HAD TO ACCOUNT FOR FULL VALUE. (NOTE: SAME THING HAPPENED IN KINGFISHER).

23) MIDLAND BANK

INPUT TAX. THERE MUST BE AN IMMEDIATE AND DIRECT LINK BETWEN INPUTS AND OUTPUTS I.E. DOES THE INPUT FORM PART OF THE ECONOMIC ACTIVITY?

24) BLP GROUP

INPUT TAX. IS THE INPUT A COST-COMPONENT OR IS IT MERELY A CONSEQUENCE? LEGAL ADVICE WAS JUST A CONSEQUENCE.

25) MAYFLOWER

INPUT TAX. IF ONLY PART OF THE SUPPLY IS TAXABLE, YOU CAN ATTRIBUTE A PERCENTAGE OF THE INPUT TO THE TAXABLE SUPPLY.

26) ABBEY NATIONAL

INPUT TAX. A TAXYPAYER WHO MAKES BOTH EXEMPT AND TAXABLE SUPPLIES MAY MAKE DEDUCT FROM INPUTS FOR OVERHEADS.