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Last updated 11 hours ago |02 November 2010
The European Court of justice (ECJ) has announced its decision to the AXA (Denplan), a case sets a precedent for various businesses that receive payment for services by credit card or debit or similar payment systems and the tax treatment of these.
Denplan provides patients with private dental submits that its treatment patients? costs has been a financial service and therefore exempt from the tax on value added (VAT). This argument has been approved by the UK courts but has been rejected by the Court of justice, rather than services, for which he fees dentists in his employment, Denplan?s payment processing are apparent to a debt collection service and are therefore excluded from the exemption of payments, transfers and therefore subject to VAT.
Hannah Dobson, Director Smith & Williamson, accounting and financial services tax commented on the decision of Group: ?It is difficult to see how the services provided by Denplan can possibly be recovery of a debt in the usual that direct debits are essentially sense collected from patients at the exact moment that maturity, i.e. Denplan isn't hunting a debt for which he is charged Court however frais.La felt that this term should be interpreted in general much so it seems capable of almost any payment service application, and if this analysis is absorbed by the Member States may assign a broad range of business arrangements. ?
?Irrespective points of view on this decision, the Court of justice is the final Court of appeal for AXA (Denplan) and consequently that decision will be maintained.Any company that has been charging VAT on credit card or debit or processing payments to direct debits collectors or similar fee collection costs expected for the moment, continue to take account of the VAT on these frais.Pour enterprises with similar claims of AXA / Denplan, they are likely to be formally rejected by HMRC.Nous would strongly recommend that advice is sought to remove any claim in this case however, to ensure that an alternative argument does not exist for the claim remains valid.»
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