3D CROWD CIC v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Decision date: 12 June 2023

Neutral citation: [2023] UKFTT 495 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

3D Crowd CIC, a community interest company that rapidly produced and donated 3D-printed face shields in early 2020, sought recovery of VAT it had incurred on accreditation, production and overhead costs. HMRC denied recovery on the basis the supplies were donated; the tribunal found 3D was an intending trader and allowed recovery of VAT on BSI/CE accreditation costs in full, while VAT on production and overheads was only recoverable to the extent attributable to business (requiring apportionment). The appeal was therefore allowed in part, with parties directed to agree or have the tribunal determine an apportionment.

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

An intending trader can recover input VAT on preparatory costs directly and immediately incurred to enable future taxable supplies (such as accreditation), even if no taxable supplies were ultimately made; where expenditure serves both business and non-business (donation) purposes it must be apportioned, and the subjective intention of those controlling the entity when the expenditure was incurred is material to whether the costs were for business purposes.

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 judgment suggests that large-scale donations meeting substantial recipient needs are unlikely to be treated as mere samples or business gifts for input tax purposes, and notes that external factors (such as government procurement channels) may affect commercial opportunities but do not by themselves defeat an input tax claim absent fraud or abuse.