The VAT Practice,
The White House, Cloncorban, Rossmore, Clonakilty,
Co. Cork
Principal: Nicholas Ryan
Tel: +353 (0)23 8838181
Mob: +353 (0)83 3340324
Fax: +353 (0)23 8838181
Email : info@thevatpractice.ie
Welcome to the VAT Practice blog. Our aim is for our blog to provide you with access to: Hot topics – which features regularly updated information, ideas and comment from The VAT Practice on Irish and international VAT issues. Talk to us – businesses can provide comment on our articles in Hot Topics and enter […]
Within this there is the re-clarification of the VAT treatment of a range of land related services including the hire of exhibition stands, storage and warehousing and access to airport lounges. Also encompassed within the briefings is the reaffirmation of what is meant by land and what are considered to be typical examples of land related services and what are not. Typically the examples themselves have caused in some areas confusion. The briefings make it clear that for a service to be land related the service must have a sufficiently direct connection with a specific piece of land and examples are given as to what is meant by this. Unfortunately these examples provide for more confusion than clarity.
The AG’s opinion is that, although this service comprises of various elements which can be separately identifiable and are capable of being supplied separately, the fund service has to be considered to be a single supply for VAT purposes largely as these services are supplied for a single all encompassing fee and that the customer’s interest lies in benefitting from a single supply as opposed to receiving a multitude of component services. In the AG’s view this fund management service qualifies as a single supply of portfolio management.
The Advocate General has issued its opinion in the Finnish case A Oy which concerns the VAT treatment applicable where aircraft are sold to leasing companies for onward lease to third parties where they be airline operators or corporate businesses.
Recently Revenue released its e-brief 22/2012 which was to reaffirm the position on the VAT treatment of education and vocational training and retraining services as detailed in their revised leaflet issued in April 2012.
The leaflet reaffirms that VAT treatment as previously outlined though is seen by Revenue as providing the clarity required in determining the VAT liability of these supplies. Unfortunately it fails to fully deliver on this leaving the position on vocational training still erring on the grey side.