The taxpayer argued that its sales of Sensations Poppadoms were zero rated because the key ingredient was gram flour. HMRC said they were standard rated as a product similar to potato crisps. Further the packaging indicated that the product could be consumed without further preparation being needed – for example they could be eaten with a dip - and 18% of the ingredients were potato granules with another 18% being potato starch. As such the items fell within the term ‘the potato’ for the purpose of VATA 1994 Sch 8 Group 1 excepted item 5 - which list the exceptions to the zero-rating legislation for food and drink.
The taxpayer appealed.
The First-tier Tribunal agreed with HMRC that the taxpayer’s description of the product as a poppadom ‘unlike potato crisps’ was irrelevant. Rather this meant that the word ‘poppadom’ was not a...
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