However, the formulation of a transaction agreement, by adding an overall figure paid in one direction to a tally of all receivables, can avoid this issue (since there is no compensation at that time). Compensation, including.B. judicial or extrajudicial transactions, is generally «outside the scope» of VAT. Since the press release, very few cases have been brought to VAT headquarters. Notable exceptions were Cooper Chasney LON/89/1409Z (VATSC06834) and Edenroc LON/88/1047X (VATSC06170). Customs and excise duties found both decisions to be consistent with the press release. Local offices looked into the applications. However, the Law Society considered that the absence of pending cases could indicate ignorance of the potential pitfalls in which transaction elements could result in VAT debt. Before that date, sellers who receive extrajudicial accounts, in particular the seller who receives payment of compensation, are reminded of the importance of explicitly stating in the transaction contract the compensation for which the compensation is paid and whether the agreed compensation is exclusively or included tva when VAT is to be paid. If the VAT transaction contract is silent, the payment is considered to be included by VAT when it is provided for services provided.
As a result, the seller who receives such a payment is responsible for VAT on the amount of compensation equal to the creditor`s tax share, so that the beneficiary falls out of his wallet and ultimately charged for less. VAT is levied on the value of the supply of goods or services by a seller as part of or as part of the promotion of a business carried out by that seller. VAT is therefore not a tax levied on revenue. The value to be put on a delivery is the amount of the «counterpart» of such a delivery. The amount must therefore be obtained for, in response to or for the incentive to deliver goods or services for the amount subject to VAT. There must be a sufficient connection between delivery and payment for payment to be a consideration. It follows that in the case of compensation paid to a seller, it is necessary to check whether the payment is a consideration for the provision of goods or services by that seller. It follows that, when a party to the dispute agrees to waive its right to sue another party against compensation, the compensation is an identifiable payment that is reciprocal and is directly related to the delinquening party`s right to take legal action against the opposing party. When the right is abandoned by a seller as part of or as part of the promotion of his business, the compensation received is a consideration for the taxable benefit of a service.
As a result, the creditor who receives the compensation must account for VAT on it at the level of the tax share (15/115) of the payment. In practice and to the detriment of the seller who receives a settlement, it appears that parties to an out-of-court settlement are often not informed of the VAT treatment on compensation and, as such, do not take into account the VAT component in the agreement or agreement.