Maron Plant Limited v The Commissioners for HMRC

Decision date: 22 June 2022

Neutral citation: [2022] UKFTT 198 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Maron Plant Limited appealed HMRC’s alternative VAT assessments disputing zero‑rating for 29 plant/machinery transactions said to be dispatched to the Republic of Ireland. The First‑tier Tribunal found the appellant’s commercial evidence of export was seriously deficient and that the company had not taken reasonable steps of due diligence, so zero‑rating was not available. The appeal was dismissed and the Tribunal recorded that VAT should have been charged at the standard rate.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

The judgment treats as dispositive that entitlement to zero‑rate for intra‑Community supplies depends on satisfactory, objective commercial evidence that the goods were removed to the other Member State, and on the supplier having taken reasonable due diligence steps to avoid facilitating VAT evasion; where such evidence is absent or the supplier has not taken reasonable steps, zero‑rating may be refused.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal indicated that particular types of documents were insufficient in the circumstances: “Confirmation of Shipping” forms lacking consignee, carrier, route and with incorrect vehicle details, photographs of transporters, and invoice address details alone do not establish export or destination; releasing goods before full payment and late or inadequate checks on customers are factors undermining reliance on zero‑rating.