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Interpreting VAT and Excise Legislation: Changes, Implications, and Legal Certainty

  • HMRC has issued a policy paper and draft legislation regarding the interpretation of VAT and excise legislation.
  • The legislation clarifies how VAT and excise law should be interpreted in light of changes made by the REUL Act.
  • The REUL Act ended the supremacy and special status of retained EU law in the UK.
  • A “bespoke” approach is proposed for VAT and excise duty.
  • The proposed legislation confirms that UK law cannot be quashed or disapplied on the basis of incompatibility with retained EU law.
  • EU rights and principles will still have an effect on interpreting VAT and excise law.
  • The draft legislation is open for technical consultation until 17 November 2023.

Source: taxscape.deloitte.com

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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