Claims Advisory Group Ltd v Revenue & Customs (Insurance and reinsurance transactions) [2019] UKFTT 512 (TC) (06 August 2019)

Claims Advisory Group Ltd v Revenue & Customs (Insurance and reinsurance transactions) [2019] UKFTT 512 (TC) (06 August 2019)

The Appellant’s services were not insurance transactions nor services performed by an insurance broker or agent; they were services assisting customers in making compensation claims for mis-sold PPI, which do not fall within the VAT exemption under Article 135(1)(a) of the Principal VAT Directive or VATA Schedule 9 Group 2.

Citation
[2019] UKFTT 512 (TC)
Parties
Appellant: Claims Advisory Group Limited; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
06 August 2019
Procedural Posture
VAT Appeal (first Tier Tribunal, Tax Chamber) / Final Judgment
Outcome
Appeal dismissed
Legal Topics
VAT Exemption, Insurance Transactions, Insurance Intermediaries, Mis Sold Payment Protection Insurance (ppi), Scope of VAT Exemptions

Case Brief

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Parties

Claims Advisory Group Limited

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

VAT Appeal (first Tier Tribunal, Tax Chamber) / Final Judgment

  1. 1 Whether the Appellant’s services are exempt from VAT as insurance transactions under Article 135(1)(a) of the Principal VAT Directive and VATA Schedule 9 Group 2
  2. 2 Whether the Appellant’s services are related services performed by an insurance broker or agent and thus exempt

Ratio Decidendi

The Appellant’s services were not insurance transactions nor services performed by an insurance broker or agent; they were services assisting customers in making compensation claims for mis-sold PPI, which do not fall within the VAT exemption under Article 135(1)(a) of the Principal VAT Directive or VATA Schedule 9 Group 2.

Court Disposition

Appeal dismissed