HM Revenue and Customs Brief 04/12
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Issued 5 March 2012
VAT: HMRC's position following the First-Tier Tribunal
decision in the case of Harrier LLC
This brief is to confirm Her Majesty’s Revenue and Customs'
(HMRC) position following the decision in the case of Harrier LLC in
the First Tier Tribunal. The case concerned the liability of photo
books. The Tribunal found against HMRC with regard to most of the items
in question and upheld Harrier's appeal that the photo books were
zero-rated. HMRC have decided not to appeal the decision.
Businesses who supply photo books.
Harrier provided customers with a photo book that comprised a number of
photographs taken by the customer. Typically, the customer uploads his
or her photographs and other images of text, drawings, handwritten text
and so on to a third party website. The customer chooses the particular
photo book template they desire and can arrange the layout of
individual pages. Once the customer has completed their action they can
then place their order. The order is electronically transmitted to
Harrier who then produces the photo book using printing presses.
Harrier claimed that the photo books were zero-rated for VAT purposes
as they fell within the definition of book under the law.
The Tribunal decided that the majority of the items in
question were books and dismissed HMRC’s argument that the photo book
was ancillary to a supply of services.
In making its decision the Tribunal took support from the
High Court case of Colour Offset Ltd , where it was found that a
book has the minimum characteristics of having a significant number of
leaves, usually of paper, held together by front and back covers
usually more substantial than the leaves. The book must also be
designed to be read or looked at.
Two items were found not to be books because they consisted
of spiral binding and the pages had the quality and appearance of
individual photographic prints.
HMRC policy going forward
Subject to the exception below, HMRC accept that a photo book which
possesses, as a minimum, several pages, a cover stiffer than its pages
and is bound, will qualify for zero-rating as a book. The book must
also be designed to be read or looked at.
HMRC would not see a photo book as falling within the zero
rate if either:
- the photo book’s pages have the appearance and quality of
individual photographic prints; or
- the photo book that is held out for sale is capable of
being dismantled, with individual pages that are removable or where
individual pages can be easily removed without damaging the binding
(for example, spiral binding).
This decision does not affect supplies where there is a
predominate supply of services such as those where the customer is
paying for and receiving photographic services that then result in the
production of a ‘book’. An example of this is in the Tribunal decision
of Risbey's Photography Ltd, Digital Albums Ltd (decision number 20783)
where it was found that Risbey's provision of a wedding package which
consisted of making arrangements for photography, taking and viewing of
photographs and a wedding book displaying a selection of photographs,
was a supply of services and not one of goods.
We consider that in these instances the photographic service
is the dominant supply and that the wedding book is ancillary to the
supply of the services. Accordingly, there is a single supply of
The effect of the decision
If you consider that the supplies that you make are on ‘all fours’ with
those of Harrier and the ‘books’ that you supply have the
characteristics described above then your supply is likely to be of a
book and therefore zero-rated.
If they do not then it is likely that they will be taxable at the
Details of how to make any adjustments relating to previous
VAT Return periods can be found in VAT Notice 700/45 How to correct VAT
errors and make adjustments or claims and from the VAT Helpline on 0845
Where you are in any doubt about the correct VAT treatment
please contact the VAT Helpline.
About the Author
© Crown Copyright 2012.
A licence is needed to reproduce this article and has been republished
for educational / informational purposes only. Article reproduced by
permission of HM Revenue & Customs.
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Article Published/Sorted/Amended on Scopulus 2012-03-07 12:56:31 in Tax Articles