The Supreme Court’s rejection
of the CJEU decision may turn out to be a victory for common sense,
says Graham Elliott
The very long running case of HMRC v Aimia
Coalition Loyalty UK Ltd (formerly known as Loyalty Management UK
Ltd (LMUK)) [2013] UKSC 15 has returned from the CJEU for final
consideration at the Supreme Court. This follows decisions at all
of the VAT courts since 2003.
The CJEU had considered LMUK’s position at the same time
as a broadly similar scheme relating to Baxi. The question raised
by these schemes is whether VAT can be reclaimed on costs incurred
by a promoter of a customer incentive scheme which involves the customer
earning points and then redeeming them for goods.
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