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Tax Point of Telecommunications: The Lycamobile Case – Latest Court Ruling

  • The Lycamobile UK Ltd First-Tier Tribunal (FTT) case focused on whether VAT was chargeable on the supply of a “Plan Bundle” at the time of sale or only when the allowances in the bundle were used
  • Lycamobile argued that services were only supplied when allowances were used, while HMRC argued they were supplied at the time of sale
  • The Tribunal decided that the Plan Bundle created a legal relationship between Lycamobile and the customer, with services provided at the time of sale
  • The Tribunal also considered the vouchers point, but found that the Plan Bundles were not monetary entitlements for future services
  • The appeal was dismissed and HMRC assessments totalling over £51 million were upheld
  • The case highlights the importance of tax points, legal and economic realities, and customer perceptions in determining when VAT is due.

Source: deeksvat.co.uk

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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