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UK Upper Tribunal Dismisses TalkTalk Appeal in VAT Prompt Payment Discount Case

  • UK Upper Tribunal dismissed Talk Talk’s appeal against HM Revenue and Customs
  • TalkTalk offered a 15% Speedy Payment Discount to customers who paid bills within 24 hours
  • VAT Act 1994 allowed consideration to be reduced by discount for prompt payment
  • Only 3% of customers actually received the discount
  • TalkTalk accounted for VAT on discounted amount regardless of payment timing
  • UK VAT law changed in 2024 to require payment in accordance with discount terms
  • Upper Tribunal agreed with First Tier Tribunal that contracts did not include prompt payment discount terms
  • FTT considered SPD as post-supply rebate of consideration already due
  • Upper Tribunal noted SPD offer was not a unilateral change to Terms and Conditions

Source:

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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