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Case Number: UT/2023/000115
The Royal Courts of Justice,
Rolls Building,
7 Rolls Buildings,
Fetter Lane,
London EC4A 1NL
VALUE ADDED TAX – exemption for certain fund-raising events by charities – whether applicable to the Great Yorkshire Show – meaning and application of Value Added Tax Act 1994 Schedule 9 Group 12 Item 1 – interpretation in conformity with Principal VAT Directive
With further written submissions on:
4, 6 and 11 November 2024
Judgment date: 09 January 2025
Before
MR JUSTICE EDWIN JOHNSON
JUDGE THOMAS SCOTT
Between
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Appellants
and
YORKSHIRE AGRICULTURAL SOCIETY
Respondent
Representation:
For the Appellants: Amy Mannion, instructed by the General Counsel and Solicitor to His Majesty’s Revenue and Customs
For the Respondent: Michael Firth KC, instructed by Vatangles Consultancy Ltd
DECISION
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- Introduction
- factual background
- relevant legislation
- the decision and the grounds of appeal
- the eu law position in summary
- ground 1: item 1(b): an event “whose primary purpose is the raising of money”
- HMRC’s arguments
- Item 1(b):Approach to construction
- Discussion
- ground 2: item 1(c): an event “that is promoted as being primarily for the raising of money”
- HMRC’s arguments
- Relevant EU law principles
- Issues raised
- Is Item 1(c) ultra vires the PVD?
- A conforming interpretation of Item 1(c)
- Direct effect
- Conclusions
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