Touch Worldwide OY v Revenue & Customs [2014] UKFTT 868 (TC) (03 September 2014)

Touch Worldwide OY v Revenue & Customs [2014] UKFTT 868 (TC) (03 September 2014)

Touch's supplies for Nokia World 2010 and the Nokia Development Summit were advertising services, not event services, and thus the place of supply was Finland. The party was a separate supply, not ancillary to the creative work, and constituted an entertainment activity under Article 53, making the place of supply the UK. As Touch made a supply in the UK during the relevant period, it was not entitled to a VAT refund under the Refund Directive.

Citation
[2014] UKFTT 868
Parties
Appellant: Touch Worldwide OY; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
03 September 2014
Procedural Posture
VAT Refund Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
VAT Refund Directive, Place of Supply Rules, Composite and Distinct Supplies, Advertising Services, Entertainment Services
Tax Law European Union Law VAT Refund Directive Place of Supply Rules Composite and Distinct Supplies Advertising Services Entertainment Services

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Parties

Touch Worldwide OY

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

VAT Refund Appeal / First Tier Tribunal (tax Chamber) Decision

Legal Issues

  1. 1 Whether Touch Worldwide OY made one composite supply or several distinct supplies to Nokia.
  2. 2 Determination of the place of supply for VAT purposes for each supply.
  3. 3 Whether the supplies fall under Article 53 (event services) or as advertising services under the VAT Directive.

Ratio Decidendi

Touch's supplies for Nokia World 2010 and the Nokia Development Summit were advertising services, not event services, and thus the place of supply was Finland. The party was a separate supply, not ancillary to the creative work, and constituted an entertainment activity under Article 53, making the place of supply the UK. As Touch made a supply in the UK during the relevant period, it was not entitled to a VAT refund under the Refund Directive.

Court Disposition

Appeal dismissed

Orders

  • Touch Worldwide OY is not entitled to a refund of VAT under the Refund Directive for the relevant period.