Stanley v Revenue & Customs [2009] UKFTT 383 (TC) (29 December 2009)
The assessment was not to best judgment because it failed to include ticket sales in the margin calculation as required by the TOMS, resulting in an inflated margin percentage and incorrect VAT liability.
- Citation
- [2009] UKFTT 383 (TC)
- Parties
- Appellant: Stephen John Stanley; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 29 December 2009
- Procedural Posture
- VAT Assessment Appeal / First Tier Tribunal (tax), Substantive Decision
- Outcome
- Appeal allowed
- Legal Topics
- Value Added Tax, Tour Operators Margin Scheme (toms), Best Judgment Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen John Stanley
Appellant
The Commissioners for Her Majesty’s Revenue and Customs
Respondents
Procedural Posture
VAT Assessment Appeal / First Tier Tribunal (tax), Substantive Decision
Legal Issues
- 1 Whether the VAT assessment was made to best judgment under the Tour Operators Margin Scheme (TOMS)
- 2 Whether the calculation of the margin under TOMS was correct
Ratio Decidendi
The assessment was not to best judgment because it failed to include ticket sales in the margin calculation as required by the TOMS, resulting in an inflated margin percentage and incorrect VAT liability.
Court Disposition
Appeal allowed
Orders
- The VAT assessment is set aside as not to best judgment.
- No order as to costs.
Full Case Text
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