Fulfillment Logisitics UK Limited v The Commissioners for HMRC

Decision date: 23 November 2022

Neutral citation: [2023] UKFTT 131 (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

This appeal concerned whether the appellant (Fulfillment Logistics UK Ltd) could recover input VAT and avoid output VAT/penalties in relation to services provided to Contactlenses Ltd (CLL). The Tribunal found CLL and its owners perpetrated VAT fraud, that the appellant and Mr Lambert knew or ought to have known of the fraud, that CLL had a UK fixed establishment at the fulfilment units, and accordingly upheld HMRC’s denial of input tax, assessment of output tax and penalty; the appellant’s appeals were dismissed.

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 decision applies the principle that a taxable person’s right to deduct input tax may be denied where, applying Kittel-style reasoning, the person knew or ought to have known that the transactions were connected with VAT fraud; and that a non‑resident supplier can be treated as having a fixed establishment in the UK where outsourced fulfilment plus associated human and technical resources provide sufficient permanence and structure for the recipient’s use of services.

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 noted evidential value in email metadata and bank‑portal access records for proving who controlled communications/accounts, and observed that HMRC correspondence and advice that a foreign entity “should” register for VAT can be significant in assessing knowledge of registrability; these comments were presented as factual and evidential observations rather than dispositive legal rules.