Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Readers' forum : Compensation paid

02 August 2016
Issue: 4561 / Categories: Forum & Feedback

Is VAT payable on compensation paid by one business to another?

My client (A) was in dispute with one of their customers (B). The claim by B was that A had misled them on their position as the sole importer into the UK of a product that A was selling on to B.

As a result B stopped paying an outstanding debt of about £150 000 to A and said they had been over-charged. A took legal advice and counter-claimed. After mediation B backed down apologised and paid £200 000 to A.

My query is whether VAT is payable on the surplus receipt of about £50 000?

My research indicates that the compensation element is outside the scope of VAT. However my slight concern is that part of the compensation was to cover A’s legal fees of about £20 000 plus VAT. Should that part of the compensation be VATable?

To summarise would it be in...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon