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07 December 2010
MALCOLM NICHOLS looks at the implications of the ECJ decision in the Astra Zeneca case
KEY POINTS
- Vouchers are a supply of services.
- Direct link between employees and the salary sacrificed.
- Effect on childcare vouchers.
- Distinction between credit and retail vouchers.
- Supplies of vouchers by intermediaries.
Concerns were raised in respect of the VAT implications on employee benefit menus and supplies of vouchers as a result of the decision of the European Court of Justice (ECJ) in Astra Zeneca UK Ltd v CRC (C-40/09) released on 29 July 2010.
The decision is short by ECJ standards but could have a considerable impact in the UK if HMRC decide to change their current policy.
The case issues
The company offered its employees a remuneration package consisting of a fixed annual remuneration known as the ‘advantage fund’ (the fund). This fund included a fixed annual remuneration and as...
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