William Edward Lafferty t/a Bell Transport v Commissioners for Her Majesty's Revenue and Customs

Decision date: 8 January 2010

Neutral citation: [2010] UKFTT 12 (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 case concerns whether fuel reimbursements shown separately on invoices by Mr Lafferty (a sole proprietor transport operator) were disbursements excluded from taxable turnover or part of his VATable turnover. The Tribunal found there was a single supply of transport services by Mr Lafferty, that fuel purchases were integral to that supply, and that he acted as principal (or as an undisclosed agent), so the reimbursements were taxable turnover. The Tribunal decided this discrete issue against Mr Lafferty and left the remaining appeal matters open.

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

Where payments for goods (here, fuel) are integral to a single supply of services provided by a supplier to a client, those payments may form part of the supplier's taxable turnover rather than qualifying as disbursements; and where an alleged agent's conduct renders the agency undisclosed, payments made or invoiced in the agent's name can be treated as supplies to and by that agent for VAT 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 Tribunal observed that subcontractors who handed fuel receipts to the principal and were reimbursed functioned as agents of the principal for those transactions, and that purchaser knowledge/authority and the treatment of invoices are relevant factors under Notice 700 criteria when considering disbursements.