Don’t fence me in
KEY POINTS
- The benefits of the agricultural flat rate scheme.
- Its use as an alternative to normal VAT registration.
- HMRC guidance placed a monetary limit on the benefit accruing from the scheme.
- The European VAT Directive does allow the exclusion from the scheme of some categories of farmers.
- The Court of Justice of the European Union confirmed the scheme can be used even if there is a substantial benefit.
- The validity of the scheme must be considered on a macroeconomic scale by reference to all flat rate farmers.
With the complexities of Brexit being considered in depth by the farming community it is ironic that in Shields & Sons Partnership v HMRC [2017] C262-16 the Court of Justice of the European Union (CJEU) confirmed the VAT position of...
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