In HMRC v News Corp UK & Ireland Ltd [2021] EWCA Civ 91, the Court of Appeal considered whether, in the period from September 2010 to December 2016 (the relevant period), digital editions of certain newspaper titles (the digital news services) published by News Corp UK & Ireland Ltd (News UK) were zero rated for VAT purposes.
During the relevant period, supplies of printed newspapers were zerorated for VAT purposes, pursuant to section 30 and Item 2, Group 3 of Schedule 8 to VATA 1994. Zerorating for printed newspapers has since been extended to all electronic newspaper publications with effect from 1 May 2020. The Court considered whether the word "newspapers" could be properly interpreted for the relevant period to apply to the digital news services. The FTT had held that the digital news services were not "newspapers" for VAT purposes. The Upper Tribunal (UT) allowed News UK's appeal and HMRC appealed to the Court of Appeal.
During the relevant period, supplies of printed newspapers were zerorated for VAT purposes, pursuant to section 30 and Item 2, Group 3 of Schedule 8 to VATA 1994. Zerorating for printed newspapers has since been extended to all electronic newspaper publications with effect from 1 May 2020. The Court considered whether the word "newspapers" could be properly interpreted for the relevant period to apply to the digital news services. The FTT had held that the digital news services were not "newspapers" for VAT purposes. The Upper Tribunal (UT) allowed News UK's appeal and HMRC appealed to the Court of Appeal.
The Court of Appeal allowed HMRC's appeal. The Court decided: (i) that the word “newspapers” in Item 2 Group 3, when read in its full context, could not be given the expansive interpretation for which News UK contended; and (ii) the principle of fiscal neutrality could not have the effect of extending the scope of the exemption from VAT beyond its expressed limits. The digital news services therefore were not zerorated in the claim periods.
Why it matters: Although the appeal was confined to "newspapers", the logic of the reasoning may also extend to other items in Group 3, and elsewhere, in particular to "books", "journals" and "periodicals". Given the extension of zerorating to most electronically supplied products of this kind with effect from 1 May 2020, the judgment will be of limited significance to future supplies. However, it is likely to impact on many historic claims.
The judgment can be viewed here.