UK companies and their tax advisers have known for a long time that while the Inland Revenue, responsible for the collection of direct taxes such as corporation tax and capital gains tax, functions according to a recognisable set of rules which even if unwelcome are applied in a consistent and not wholly unreasonable way, the same cannot be said of HM Customs and Excise, which is responsible for the collection of Value Added Tax. Customs and Excise is not just more inscrutable than the Inland Revenue, but seems to follow a set of rules entirely of its own making.
This belief received independent confirmation last week from a senior English appeal judge: "Beyond the everyday world . . . lies the world of VAT," Lord Justice Sedley said, as he ruled against Customs and Excise in a case involving Royal and Sun Alliance Group.
The judge called the VAT regime: "A kind of fiscal theme park in which factual and legal realities are suspended or inverted."
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