Other Journal Details
Mandatory Fields
Laura Donnellan
2014
September
Business Law Review
A Storm in a Tea Cake? Lees of Scotland Ltd & Thomas Tunnock Ltd v. HMRC
Published
0
Optional Fields
VAT Snowballs Exempt
35
5
181
184
                          

On 25 June 2014, the First-Tier Tribunal (FTT) Tax Chamber in Scotland ruled that the chocolate covered marshmallow topped with desiccated coconut ('the Snowball') constituted a cake for the purposes of zero-rated VAT. While conceding that there was no objective test to determine whether an item of confectionary was a cake, the FTT found that the Snowball ‘had sufficient characteristics to be characterised as a cake’.

The case arose from two independent appeals by two Scottish companies, Lees of Scotland Limited (Lees) and Thomas Tunnock Limited (Tunnock’s), both of whom manufactured their own brand of Snowball. Both companies contended that the Snowball was a cake and thus should be zero-rated for VAT purposes. Her Majesty’s Revenue and Customs (HMRC) claimed that the product was not a cake and liable for standard-rated VAT as was held in the case of Snowball Production Limited v. The Commissioners of Customs and Excise (‘Swedish Snowball’). The only issue for the FTT was to determine whether the Snowball was a cake. In finding in favour of the appellants, the FTT made a number of findings in fact in relation to the companies’ respective Snowballs, including packaging, the location of the products in the supermarket, the general public perception, the manner in which each the Snowball was consumed and developments in food science.



The Hague
Allan Wells
Kluwer
ISSN: 0143-6295
http://www.kluwerlawonline.com/abstract.php?area=Journals&id=BULA2014030
Grant Details