Pet Street Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 April 2010

Neutral citation: [2010] UKFTT 149 (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

Pet Street Ltd appealed HMRC’s refusal to allow £7,943.11 of pre‑registration VAT input tax claimed in its first return, arguing the disputed supplies (website development, software, marketing and PR between Jan–Jun 2007) were goods or within the pre‑registration reclaim period. The First-tier Tribunal held the supplies were bespoke services (not goods), were supplied more than six months before the effective date of registration (1 March 2008), and so the input tax on those supplies was time‑barred; the appeal was dismissed with £587.11 allowed for items within the three‑year goods limit.

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: high

The Tribunal’s ruling identifies that bespoke website development and related software work, even if delivered on physical media (CDs), amount to supplies of services rather than goods; and under regulation 111(2) pre‑registration input VAT on services can only be reclaimed if the services were supplied within six months before the effective date of registration, so services supplied earlier are time‑barred.

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 remarked that VAT1 and departmental guidance put taxpayers on notice about the importance of the chosen/agreed registration date and differing reclamation time limits for goods and services, and noted HMRC’s discretion to amend an effective date of registration is constrained by Schedule 1 para 9 and by the expectation that requests to vary an EDR should ordinarily be made before the first return is submitted.