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Full Description
This edition takes the reader through the relevant legislation and case law, the legal concepts such as time and place of supply, the distinction between goods and services, what is taxable, and the interaction of these elements. Through a detailed study of ten significant cases, the book examines the consequences of outsourcing. It also looks at the key issues facing financial services and insurance, before discussing the VAT cost sharing exemption. Since the second edition, there have been significant developments affecting payment processing and card handling services, VAT on holding companies and on the right to deduct input tax. Litigation in the areas of Special Investment Funds, pension fund management, partial exemption insurance and outsourcing has also moved on. Crowdfunding is a fairly new method of raising funds for activities, and HMRC have now issued guidance on the VAT liabilities affecting transactions. Appendices include: contracts of insurance; Lloyd's VAT arrangements; HMRC ABI partial exemption guidance for the insurance sector; TOGC legal extracts; guidance on the cost sharing exemption; and the VAT territory of the EU. Finance directors and finance controllers in the financial services and insurance sectors and at those who advise these sectors should all find the book helpful. [Subject: Finance Law, UK Law]
Contents
About the author
Acknowledgements
Contents
Tables of authorities
1 Introduction
2 Financial Services
2.1 Introduction
2.2 Money and money-related services
2.3 Securities
2.4 Investment funds and wrappers
2.5 Derivatives
2.6 Intermediary services
2.7 Supplies relating to the provision of credit
2.8 Debts and related services
2.9 Islamic Finance
2.10 Standard rated services
2.11 Investment Gold
3 Insurance
3.1 Introduction
3.2 General (non-life) insurance
3.3 Life Assurance
3.4 Friendly Societies
3.5 Insurance intermediary services
3.6 Lloyd's
3.7 Insurance claims
3.8 Insurers in 'run off'
3.9 Other types of insurance
3.10 Insurance Premium Tax (IPT)
4 Outsourcing
4.1 Introduction
4.2 Sparekassernes Datacenter (SDC) v Skatteministeriet (Case C- 2/95) [1997] STC 932
4.3 C&E Commrs v Civil Service Motoring Association [1998] STC 111
4.4 C&E Commrs v CSC Financial Services Limited (formerly Continuum (Europe) Limited) (Case C-235/00) [2002] STC 57
4.5 C & E Commrs v FDR Ltd [2000] STC 672
4.6 C & E Commrs v Electronic Data Systems Ltd [2003] STC 688
4.7 Century Life plc v C&E Commrs [2000] STC 276
4.8 Försäkringsaktiebolaget Skandia (Case C - 240/99) STC 754
4.9 C & V (Advice Line) Services Ltd v C & E Comrs (2001) (17310)
4.10 Staatssecretaris van Financiën v Arthur Andersen & Co Accountants cs (Case C-472/03) [2005] STC 508
4.11 JCM Beheer BV v Staatssecretaris van Financien (Case C-124/07) [2008] STC 3360
5 VAT Cost Sharing Exemption
5.1 Introduction
5.2 Who could be affected by the cost sharing exemption?
5.3 What supplies are covered by the exemption?
5.4 Supplies made to a CSG
5.5 Existing arrangements
5.6 Detailed guidance
6 Input Tax and VAT recovery
6.1 Introduction
6.2 Definition of input tax
6.3 Who can recover input tax
6.4 Blocked input tax
6.5 Purchases from overseas suppliers
6.6 Partial Exemption
6.7 Capital goods scheme
6.8 Recovery of VAT incurred elsewhere in the EU
7 Legislation, Case Law and Appeals
7.1 Introduction
7.2 EU legislation
7.3 Primacy of EU Directives over national legislation
7.4 UK legislation
7.5 Appeals
7.6 Legislation relevant to the financial services and insurance sectors
8 VAT supply and liabilities
8.1 Meaning of supply
8.2 Supply of goods
8.3 Supply of services
8.4 Supply of neither goods nor services
8.5 Place of supply
8.6 Time of supply
8.7 Taxable supplies
8.8 Exempt supplies
8.9 Outside the scope supplies
8.10 Reverse charge
Appendix A - Contracts of Insurance
Appendix B - Lloyd's VAT Arrangements
Appendix C - Extract from 'HMRC ABI Partial Exemption Guidance for the Insurance Sector'
Appendix D - Transfers of business as a Going Concern - Legal Extracts
Value Added Tax (Special Provisions) Order 1995 (SI 1995/1268)
Value Added Tax Act 1994
Appendix E - Guidance on the Cost Sharing Exemption - from 17 Jul 2012
Appendix F - EU member states
Appendix G - Summary of Car Benefit Percentages based on CO2 emissions
Appendix H - Terminal markets listed in VAT (Terminal Markets) Order 1973 (as amended)
Index
