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The exemption issue
The exemption issue
CBNA’s case is that many of the elements which combine to make up each supply of Business Delivery Services fall within the securities exemption and that those exempt elements predominate with the result that each supply of Business Delivery Services is exempt. Under this ground CBNA argues variously the FTT was wrong to conclude the securities exemption did not apply.
- Heading
- Introduction
- Legal principles relevant to single vs multiple supplies issue
- The FTT Decision - background facts
- Group structure
- Contractual materials
- The 2006 GMSA
- The Addendum
- The Expense Allocation Policy
- Specimen Invoice
- The Inter-entity tax invoicing tool
- Actual invoices
- The 2019 GMSA
- The FTT’s reasoning on the single vs multiple supply issue
- Grounds of appeal
- Ground 1: The FTT misconstrued key aspects of the contracts in issue before it
- Discussion
- Ground 2 : the FTT ignored other aspects of those contracts that were material
- Key provisions of the 2019 GMSA inconsistent?
- Ground 3: The FTT concluded that because the contracts reflected economic reality, it was not necessary to ‘go behind’ them, and so failed to (i) recognise the limitations of those contracts and (ii)
- Ground 4: the FTT misapplied the key factors of indivisibility and indispensability, equating those factors with the existence of ‘close links’ and ‘necessity’
- Ground 5: The FTT misapplied the concept of separate availability
- Ground 6: The FTT placed undue (and in any event incorrect) reliance on invoicing
- Other submissions – who is the typical consumer?
- Conclusion on single vs. multiple supplies grounds
- The exemption issue
- Law
- The FTT Decision regarding the Exemption issue
- Scope of securities exemption
- Case-law on securities exemption
- Discussion on scope of securities exemption
- CBNA’s ground of appeal that the FTT’s conclusion was inconsistent with other findings
- Negotiation in securities?
- Edwards v Bairstow errors
- CBNA’s challenge to application of principles to facts
- Conclusion on exemption issue
- The classification issue
- Conclusions